fin 



inr 



Hi 

BBsHr 



I 



■in 

HI lull 
1HBH 

IBIIIil 

1 IIIIHfflDi 

MI1II1 



pffllM 



iiHHiii 







$$|$§§§i| 

J8HH 

m ammm tMrnm 



•£, 






\>* 









v 









ci- 















-^ 
^ V^ 






o5- 








•^ 



























^ V' 






* v 



o> -/-, 









V </> 







otV 



V 






V 



„\ 






* 


7 V- 1 






/, 












^ 


V? 






■w 






\ 


c> 











** *, 



-N . 






; 



1 -^i- 
















































* A 



^ 






v\\ 


















c- -- 






























s 









r> f 






s 



• 



^ -n*. 












j,°o*. 












^> 


















'-^ 






<> 



% 















v -/ 









^ 



\ 



sV 



^ 



<•' 


















^> 















■\ 



cv 



.** 









& 









.^ 









■- ^ 






,*<*. 






s. 






^ V* 





















,v '^ 






«*- K 



^t 






i 



$ V 



VJ, 





















PEOCEEDINGS 



A COURT OF INQUIRY, 



CONVENED AT 



AQUIA LANDING, VA, MARCH 13th, 1863, 



EXAMINE INTO CERTAIN CHARGES 



PREFERRED AGAINST 



CAPTAIN T. E. HALL, 



ASSISTANT QUARTERMASTER. 



WASHINGTON : 
PHILP & SOLOMONS, PRINTERS 

1863. 






H 



It is scarce necessary to apologize for publishing the pro- 
ceedings of the "Court of Inquiry" in my case. It is an 
act of self-defence. I have a right — nay more, it is my duty — 
to vindicate myself before my friends and the public, by 
acquainting them with the origin and history of the charges 
preferred against me, with the circumstances under which 
they were made, and the means employed to sustain them. 
The "Court of Inquiry" has pronounced its emphatic verdict 
of acquittal, and now I lay the results of its examination 
before the higher tribunal of the public, with the fullest 
confidence that that verdict will be sustained. 

A large number of the documents here published have 

not the remotest bearing upon my guilt or innocence, 

but I have thought best to present a complete history of the 

case, lest I might be accused of suppressing facts material 

to the issue. Of the "Opinion of the Court," however, I 

regret to say, I have been able to obtain only a small 

portion. 

T. E. Hall. 



PROCEEDINGS OF A COURT OF INQUIRY. 



LETTER OF CAPTAIN HALL TO COLONEL INGALLS, DEMANDING A 
" COURT OF INQUIRY." 

- Assistant Quartermaster's Offiv e, 

••Aquia Creek, Va., March 3d, 186.;. 

" Colonel : Upon my arrival at this place to-night I find* 
your letter of 26th ultimo, enclosing copies of letters to 
Brigadier General Patrick, and to General Meigs, Quarter- 
master General. Your letter advises me that charges have 
been preferred against me for being in partnership with 
sutlers at Aquia Creek, and for receiving bribes from them 
for transporting them from Liverpool Point. 

"I have the honor to request that copies of the charges 
be furnished me, and that they be investigated at once by 
a Court of Inquiry. With a conscience void of offence, I 
demand the most thorough investigation into the matter 
that can be instituted. 

" I have the honor to be, very respectfully, your obedient 
servant, 

"T. E. Hall, 
"Captain and A. Q. M. 

"Lt. Col. Ingalls, Chief Q. M., A. P. 



* See Appendix. 



ORDER CONVENING THE COURT. 

Headquarters Army of the Potomac, 

Camp near Falmouth, .March llth, 1863. 

Special Orders, | 
No. 69. J 

9. At the request of Captain T. E. Hall, A. Q. M., a 
Court of Inquiry will meet at Aqnia Landing, Va., at 10 
a. m., on Thursday, the 12th instant, or as soon thereafter as 
practicable, to investigate the facts connected with certain 
charges preferred against Captain T. E. Hall, relating to his 
official conduct while in charge of the Quartermaster De- 
partment at Aquia Landing, Ya. 

The Court will report the facts and its opinion thereon, 
and will sit without regard to hours. 

Detail for the Court. 

Colonel A. S. Leidy, 99th Pennsylvania Volunteers. 
Lieut. Col. Thomas Holt, 70th New York Volunteers. 
Major II. P. Stoughton, 2d U. S. Sharpshooters. 
Major Geo. L. Hastings, 1st U. S. Sharpshooters, Judge 
Advocate. 

By command of Major General Hooker : 

(Signed) S. Williams, 

Assistant Adjutant General. 



Pursuant to the above order, a "Court of Inquiry" met 
at Aquia Landing, Ya., March 13th, 1803. Present all the 
parties named in the order. 

The Court was then duly organized, and the charges and 
specifications read. 

Captain Hall plead "Not Guilty." 



7 

(For a "Court of Inquiry" only.) 

CHARGES AND SPECIFICATIONS AGAINST CAPTAIN T. E. HALL, A. 
Q. M., AQUIA CREEK DEPOT. 



Charge 1. — Malfeasana in office. 

Specification 1. — In this: that the said Captain T. E. Hall, 
whilst in charge of the Quartermaster's Depot at 
Aquia, during the month of January, did know- 
ingly permit the transportation, to and from 
"l! l i 8 .c. d Baker Washington and Aquia, at Government expense, 
j. w.ewujr of private property intended for sale in the Army 
of the Potomac, and marked to resemble Gov- 
ernment supplies, for the purpose of deception, 
as fully set forth in the accompanying affidavits. 

Specification 2. — In this; that the said Captain T. E. Hall, 
whilst in charge of the Quartermaster's Depot at 
Aquia, and more particularly on the dates men- 
tioned in the accompanying affidavits, did know- 
Hairs onto" 8 ' inglv permit Government steamers placed under 

Holland. , . . 

oapLoftho -uncle his direction to transport private stores to and 

S : 1 1 1 1 . " 

McEihaney. f lorn Liverpool Point and Aquia, and on or about 
[were 83d p». the 17th January, 1863, Government barges and 

Hawkins, 9th L'a. . 

a tug, to be used for similar purposes between 
Aquia and Windmill Point, and did receive pay 
for such transportation. 

Specification 8. — In this; that the said Captain T. E. Hall, 
whilst in charge of the Quartermaster's Depot at 
Aquia, during December, 1862, did permit a 

Cheney. 

Government tug placed under his directions to 
be employed to tow a private vessel. 



Charge 2. — Gross neglect of duty. 

Specification 1. — In this; that the said Captain T. E. Hall, 
whilst in charge of the Quartermaster's Depot at 
Aquia, did not take measures to prevent public 
transportation under his charge from being used 
named abotrind ^ or P r ^ va ^ e purposes; sa ^ public transportation 
oilers herewith! having been constantly used for such purposes, 
but more particularly on the following dates: 
20th, 25th, 29th, 30th December, 1862, 4th, 6th, 
17th January, 6th February, 1863, as fully set 
forth in the accompanying affidavits. 

Specification 2. — In this; that the said Captain T. E. Hall, 
whilst in charge of the Quartermaster's Depot at 

*t '\! e uia n cre .fk es Aquia, did put up, at Government expense, a 
building which was intended for, and is now used 
by, his brother-in-law as a sutler's store. 

Specification 3. — In this; that the said Captain T. E. Hall. 

whilst in charge of the Quartermaster's Depot at 

Aquia, in December, 1862, and January, 1863, 

did become interested in, and did furnish Gov- 

Dr. white, and ernme nt facilities to, a sutler's business with his 

tlie letters and ' 

KjfldaYitf " ere " brother, and on or about the 10th of February, 
1863, was knowing and aiding to violation of 
orders in an attempted sale, through this sutler, 
of liquor, as set forth in the accompanying letter* 
of Dr. White. 

Charge 3. — Conduct subversive to good order and military dis- 
cipline. 

* See Appendix. 



9 

Specification. — In this ; that the said Captain T. E. Hall, 
whilst in charge of the Quartermaster's Depot at 

Colonel Baker, ° r 

of ww Deptt- Aquia, did hribe or attempt to bribe a Govern- 
ment, makes this 1 

charge. ment telegraph operator to suppress or alter 

messages. 



The Court then proceeded to the examination of witnesses. 

Mr. Camp, sworn : 

" I am a United States detective officer, in the employ of 
Colonel L. C. Baker, Provost Marshal of the War Depart- 
ment. Have been on duty as such on board the Govern- 
ment transport 'Zephyr,' no other boat, during December, 
January, and part of February. Only public property and 
private baggage were permitted to be transported on the 
boat, but an immense amount of sutlers' goods was smug- 
gled through, and I have papers to show that the thing was 
done under duplicate passes. I seized one day three boxes 
and one barrel of goods directed to Captain W. F. Pond, 
Aquia Creek, under the impression that they belonged to 
Mr. Pond, the sutler. I knew there was a sutler at Aquia 
Creek by that name. I seized them just as the boat arrived 
at the creek, intending to take them back. Just as the boat 
landed, a man came on board looking, as he said, for some 
goods, and selected those I had seized. I told him that I 
had seized them, and intended to take them back to Wash- 
ington ; that there was no such person as Captain W. F. 
Pond at the creek, and that I knew they were for Pond, the 
sutler. I informed Captain Schermerhorn and Captain 
Gardner that I had made the seizure, and intended to take 
the goods back to Washington. This was the last I saw 
or heard of the goods. Never saw such goods come on any 



10 

other boat. Other parties have seen the same thing, 
namely, Lee and Brant. The occurrence mentioned took 
place some four or five weeks ago. A short time previous 
to the 'Zephyr's' being taken oft' the line, saw on board of 
her a number of barrels directed to Captain Wheeler, cap- 
tain of the boat, part of which were being taken ashore at 
Aquia. I asked the captain what that meant; he replied 
that Captain Hall had given permission to have the apples 
brought down for the benefit of a boy. I am confident that 
the boy was the son of Major Rhinehart, then Acting A. Q. 
M., at the 6th street wharf, in ihe place now filled by Cap- 
tain Robinson. Did nothing with the apples; some went 
ashore, and the boy took charge of them. He said to me, 
'You are not going to seize those apples, they are mine.' 
Captain Wheeler claimed the remainder as stores of the 
vessel. I was in the wheelhouse of the boat with the pilot, 
when he said to me, 'Captain Wheeler says that Captain 
Hall has given him permission to bring apples and potatoes 
to the creek to sell to his employers.' I have no positive 
evidence that the goods directed to officers were sutlers' 
goods. One day on a Government barge I seized twelve or 
fourteen barrels of apples, which had been purchased by 
one of Captain Hall's clerks. They came from the ' Carrie 
Martin.' I said to the captain, 'You hold the apples here 
till I return.' I went away, met the owner of the apples, 
and told him of the seizure. He said he was one of Captain 
Hall's clerks. I had never seen him employed anywhere, 
never in Captain Hall's employment. He said the 'Carrie 
Martin' had brought the apples down, and that he had 
bought ihem of the captain to sell on his own account. 
Captain Walker, captain of the guard, took possession of 
the property." 



11 

Q. by the Court. "How do you know this to Lave been 
a Government barge?" 

A. " I suppose the barge referred to was a Government 
barge, from the fact that none but Government barges are 
permitted to land at Government wharves. Did not see 
the barge discharge her cargo ; she was at the Government 
wharf, and had already discharged her cargo." 

Witness further stated he would know the clerk in ques- 
tion if he saw him, or would recognize his name if he saw 
it written. 

Mr. Holland, sworn : 

"Am employed as clerk to Captain Hall. The book in 
my hand is called 'Report of Persons and Articles,' and is 
kept under my superintendence. It shows the names of 
all Captain Hall's clerks for December, except those of the 
enlisted men, which are upon the muster roll." 

Mr. Camp, recalled, and the list of Captain Hall's clerks for December 
shown him : 

"I do not find the name here." Witness here produces 
a memorandum book in his own handwriting. "I learn 
from this that the affair of the apples was on or about the 
19th of December, 1862. Have seen the young man since. 
In such matters it is my custom to take down the names of 
the parties. Reported this seizure to Colonel Baker, and 
then did not charge myself for the result." 

Court here took a recess. 

Reassembled. 

Mr. Camp, recalled : 

"On the same day of the affair of the apples, or the da} 7 
following, went on board the 'Carrie Martin,' where I saw 
a lot of potatoes. The captain said he had eighty barrels 



12 

on board. I asked tlie clerk if they were for sale. He said 
'yes.' I asked him the price. He told me, but I cannot 
now remember. I then seized them, and reported the 
seizure to Colonel Baker. Colonel Baker requested me to 
take charge of the potatoes, and to inform Captain Hall of 
the seizure. Captain Hall said he would send word to Col- 
onel Ingalls ; at all events he would let me know what his 
decision was before I left the creek. Colonel Baker said 
Captain Hall was to take charge of the potatoes. Before I 
left, Captain Hall handed me his decision, in writing, in 
which he set forth the reason why he did not receive the 
potatoes. I do not know what became of them finally. 
One day I found on the dock ten barrels of flour, marked 
'Major Newby.' I know they came down on the ' Zephyr,' 
or 'Wilson Small,' can't tell which. That fact was settled 
by Mr. Spear and myself. Don't know whether other goods 
of the kiud described came down on the boats. The flour 
was discharged on that day, and I don't know of any other 
boats being discharged here that day. ISTewby had a private 
bakery near Falmouth. 

"Can't recollect any other instance just now of such 
goods coming down on Government boats. Don't know of 
any facts that connect this business with Captain Hall." 

Cross-examined. 

Q. by Captain Hall. "Has the witness any reason to 
think that Captain Hall was privy to this affair?" 

A. " Can't say that I have." 

Q. "How do you know that Pond is a sutler ?" 

A. "He told me so." 

Q. " How do you implicate Captain Hall in the fact that 
sutlers' goods were brought down to Aquia marked to 
officers?" 



13 

A. "In no way, except as I have mentioned. Have no 
recollection of having addressed a written communication to 
the Provost Marshal about the potatoes or any other sub- 
ject." 

Q. " How do you know that Major Newby had a private 
bakery at or near Falmouth ?" 

A. " He said so himself the night I saw him on the 
wharf. Have heard your name mentioned frequently in 
connection with these matters. Never in Colonel Baker's 
office except in connection with my own reports. Don't 
know that Marcus was arrested ; saw him in the presence 
of Colonel Baker, and heard Colonel Baker ask him ques- 
tions. Goods for Aquia are put on board the Government 
boats at Washington by Captain Robinson. Brant or Lee, 
one of Colonel Baker's detectives, was stationed on the 
wharf for some time, to prevent, as I understood, the im- 
proper shipment of goods. He w r as there when Pond's goods 
were seized. 

James A. Fardon, sworn. 

"Am a private in the 22d New York Volunteers, Com- 
pany 'I.' Came here the 14th of December, 1862. Have 
been employed in the Provost Marshal's office as clerk. Am 
a prisoner now. Have no knowledge of any tobacco having 
been seized by the Provost Marshal up to the 8th of March, 
or thereabouts. Was once ordered to distribute a quantity 
of tobacco which had accumulated in the office, to give one- 
half to the Commissary and one-half to the Quartermaster, 
which I did. Their receipts are filed in the Provost Mar- 
shal's office. The tobacco was confiscated by Captain For- 
syth, Provost Marshal. Five boxes were taken away from 
one man, marked General Newton's Headquarters. A 
trunk was in the office previous to my coming, full of 



14 

tobacco. There were in all from 800 to 1,000 pounds. 
Don't know what the practice is of disposing of contra- 
band goods. I think the intention was that the tobacco 
should be divided among the employees in the depart- 
ments. A quantity was reserved for the use of the em- 
ployees of the Provost Marshal's department, I think 
thirty plugs. I know of no other property seized that 
came into Captain Hall's hands. 

Joseph L. Hall, sworn : 

"Am a brother of Captain Hall. Have a sutler's store 
at the creek. W. F. Pond is my partner. Captain Hall 
is in no way interested in my business. The building in 
which my store is kept does not stand upon the wharf, 
and was put up after I came. It was erected bj r Mr. 
Brown. Mr. Brown was not a Government carpenter, 
nor did any Government carpenters work on the build- 
ing, to my knowledge. I made a contract with Brown 
to put up the building, and he was to furnish his own 
help. We furnished the lumber; bought it in Washing- 
ton. Captain Robinson gave us transportation from Wash- 
ington on a barge. Captain Hall was not concerned in 
obtaining that transportation, but referred me to Captain 
Robinson. We get our goods here mostly by schooner; 
they are landed in small boats. I am not a captain, nor is 
Mr. Pond, to my knowledge. Two or three boxes have 
been brought down, marked 'Captain J. L. Hall,' also some 
marked ' Captain Pond,' but not ' U. S. A.' I never gave 
directions to have them so marked. I think they came on 
Government barges or boats. Have never had goods 
brought from Liverpool Point on Government vessels. 
Nothing was ever paid for transportation in Government 
boats. Have had goods come, say four times in Govern- 



15 

ment boats. Bought most of our goods here. Nothing 
was paid for the transportation of the lumber. (Order 
marked 'Exhibit No. 1,' shown and admitted.)* I mess 
several employees of the Quartermaster's Department. We 
received the articles named in the list, I think all. The 
goods were to be sold, the boots to the employees of the 
Quartermaster's Department, store, and post office. We 
have not sold out those articles, except the boots. We did 
not, on or about the 23d of January, or at any other time, 
bring on the ' Carrie Martin' a large shipment of goods, 
marked ' Capt. T. E. Hall.' I don't think we ever received a 
box or package of any description, marked ' Capt. T. E. Hall,' 
except about two hundred dollars' worth of bread ; this was 
so marked by consent of Captain Robinson. As soon as 
this fact came to Captain Hall's knowledge, he said the 
bread must not come in his name." 

March 14, 1863. 
Court resumed its sitting. 

J. L. Hall, recalled, and cross-examined : 

" A sutler's license was granted by General Patrick to Mr. 
Pond. I was at that time his partner. There is no under- 
standing or agreement, expressed or implied, directly or 
indirect]}', that Captain Hall is, or has ever been, or can 
expect to be interested personally, or in any other way, in 
our business. Captain Hall did not furnish me, in any 
manner, facilities for putting up the buildings we occupy. 
We have had six clerks and employees of the Quarter- 
master's Department messing there. They were to draw 
their own rations, and turn them in, paying us extra for 
what the Government did not furnish. The post office is 
kept in the building, and a room is partitioned off expressly 



* See Appendix. 



16 

for that purpose. The office was in a tent before. "We re- 
ceive no compensation, direct or indirect, for the post office 
from the Government. I don't think I have ever applied to 
Captain Hall for transportation for goods, except those in Ex- 
hibitNo. 1. Captain Hall has frequently told me that I must 
not expect him to give 'me any facilities for carrying on my busi- 
ness, because I was his brother ; that his honor was of more 
value to him than any family connection. We have received 
Government transportation from Washington for clothing, 
intended for the use of the employees of this Department. 
At that time our store was the only one here, to my knowl- 
edge. This clothing was sold to the laborers on credit, as 
they were out of funds. Mr. Torrence, foreman of laborers, 
said he could not get his men out to work without clothing. 
I saw them myself, almost naked. Captain Hall said the 
clothing must be sold reasonably, and not at exorbitant 
prices. It was so sold ; no fault was ever found with it, to 
my knowledge. There was a great demand for something 
to eat here. Captain Hall told me that he thought he could 
get transportation for bread, to be sold temporarily. He 
told me that he was trying to make arrangements for bread 
to be baked here. It was common loaf bread ; we sold it at 
from six to ten cents per loaf. We were peremptorily for- 
bidden to sell it at exorbitant prices. We always furnished 
bread to parties gratuitously if they had no money. We 
furnished bread to a great many who had no money, and 
some for hospital purposes. It was sold to consumers, and 
not to dealers. We were ordered not to sell over ten loaves 
to any one man." 

Direct examination resumed. 

"A Mr. Farley, sutler at General Birney's Headquarters, 
has never called upou, or communicated with, our firm re- 



17 

specting goods claimed by him in our store. (Objected to, 
and objection overruled.) No person, other than our firm, 
has ever claimed, to my kuowledge, any goods in our store." 
(Objected to, and objection overruled.) 

James J. Powers, sworn : 

"Am employed with my brother, who issutlerof 83d Penn- 
sylvania Volunteers. Have never received to my knowl- 
edge transportation for sutlers' goods on Government vessels. 
Have not been in the habit of wing; to and from Washing- 
ton with goods." 

Samuel McElhanet, sworn : 

"Am sutler of the Sixth Regular Cavalry. On the 25th of 
December last, went down on the Maryland side to Liver- 
pool Point with two teams loaded with sutlers' goods. Was 
ferried over to Aquia Creek with my teams and goods, I 
think, by order of Captain Hall. I had a written order from 
Capt. Hall for such transportation, which I gave to the cap- 
tain of the steamer. (Exhibits 2 and 3, with endorsements.) 1 " 
Came over late in the day after some Government teams had 
passed. I came over and asked Capt. Hall for the transpor- 
tation ; told him that I had come down on the Maryland 
side, hearing that the rebels had interfered with teams on 
the Virginia shore. I had heard that a Government boat 
was running. I asked, as a favor, that my teams might be 
brought over. He granted the transportation immediately. 
I did not pay one cent to any one for the transportation. 
There was no understanding that I was to pay for it; no one 
ever asked me to pay for it. I have never at any time paid 
one cent to any person connected with the Quartermaster's 

*See Appendix. 



Department at this post, nor lias money ever been requested 
or demanded by any such persons. Having disposed of my 
goods, I got my teams back by boat. I came down here to 
see if there would be any opportunity of going over to Liver- 
pool Point. Capt. Hall stated that there was no chance that 
evening, but thought a boat would go over on the next day 
for some Government wagons, and, it so, would send me 
over. I came here the next day, waited for a boat until 
evening, and then heard that it was ordered to Washington. 
I asked Capt. Hall to give me transportation to Liverpool 
Poiut. He said it would delay the boat, as it only had to 
touch there, and that he had just as lief let the boat take me 
to Washington, as the boat would lay there and give me 
time to get off. I had twelve head of animals and one 
wa^on. Other sutlers came with me from Liverpool Point 
by the same trip ; no other trips were made for that purpose 
that day. On no other occasions did I receive transporta- 
tion on Government steamers. I have a pass for travelling. 

Crosx-oxaniined. 

(Exhibit No. 3 shown.)* 

"This paper was shown by the party who went to get the 
transportation. I had been at Liverpool Point nearly a 
week. Had no fodder for my animals, and they were in a 
famishing condition. There was a Commissary Department 
there, a few soldiers, some cavalry, and quite a number of 
Government wagons. I had a pass to go on the boat, which 
is now in my pocket. Am a regular sutler. The subject of 
compensation was not mentioned either by Capt. Hall or 
myself. A guard was on duty here, but I did not see them 
examine the wagons ; the guard did not speak or interfere 

* See Appendix. 



19 

with me; it was broad daylight when we arrived here. On 
my return to Washington, I was detained by authority of 
Colonel Baker for some days. Col. Baker said he would de- 
tain my team until he had communicated with Capt. Hall." 

William W. Brown, sworn : 

"Am a carpenter by trade, but now employed as a clerk 
in Stokes' sutler establishment. Previous to the 13th of 
January last, was employed as a Government carpenter by. 
Capt. P. P. Pitkin. Was not in the employ of the Govern- 
ment at the time of the erection of the building now occu- 
pied by Hall & Pond. Was working on my own account 
when I built their store. First came here in November last 
in the employ of Capt. P. P. Pitkin, and continued with him 
until the 13th of January. Received $45.00 per month 
during the whole of that period. Was under Capt. Hall 
from about the 24th of November, 1862, to the 13th of 
January, 1863. The contract for this building of Mr. Hall's 
was made on the 29th of January, and work commenced on 
the 31st January. Was not in the employ of the Quarter- 
master at that time, and have not been since. My hands 
were furnished me by Mr. Thompson, recognized as master 
mechanic of the Quartermaster's Departmeht. My impres- 
sion is that he was in the employ of Capt. Hall. He fur- 
nished me the men for the amount of twenty days' work. 
I paid Mr. Hall for the work of those men by order of Mr. 
Thompson. I did not then, and do not now, understand 
why this money was paid to Mr. Hall. I was to pay to Mr. 
Thompson, on the first contract, $1.50 per day ; but when 
I finished the contract, he told me that he had orders that I 
was to pay $2.00 per day. He did not tell me that he got 
orders from any one. I thought this singular, but asked no 
questions. A part of the lumber was on the ground, and a 



20 

part was, as I supposed, Government lumber piled upon the 
shore. There were about 3,000 feet on the ground. About 
9,000 feet were used for the building. What was not on the 
ground, came from the pile which I suppose to be Govern- 
ment lumber. There was a guard over this, but not over the 
lumber on the ground. Part of this lumber was carried 
from the piles by men furnished by Mr. Hall, and part of it 
by myself. I understood these men to be Government 
employees. Can't state how many men were employed in 
carrying the lumber." 
Court adjourned. 

March 17, 1863. 
Court reassembled at 12.30 p. m. 

W. W. Brown, recalled. Examination continued. 

"The lumber was taken from the pile by order of Mr. 
Thompson. I made my application to Mr. J. Hall. He 
referred me to Mr. Thompson, and the latter furnished the 
material, but gave no written order for it. I had nothing 
to do with bringing the lumber — did not go to the pile my- 
self at all. Did not see Capt. Hall about the building at all 
while it was being erected. Don't know why Government 
lumber was taken for the building. Mr. Thompson told me 
that Capt. Hall had agreed to lend the lumber. I had no 
conversation with Capt. Hall about it; he merely pointed 
out the site for the building from his office window." 

Cross-examination. 

"Worked in the Railroad Department before as bridge 
builder. I have been in the Government employ about nine 
months as mechanic. Previous to that was wagon master 
about two months. My business before that was carpenter- 



21 

ing. Have bad eight years' experience as apprentice and 
journeyman. Have been all that time, except about nine 
months, either foreman or superintendent. A great part of 
this time had superintendence of erecting buildings, and 
have often been called to estimate for lumber. The contract 
was, that I should put up the buildings with material fur- 
nished on the ground for me to work with. I did not stipu- 
late with Mr.Hall about the help — did not say anything to him 
about it in any way. I kept the time of the men employed, 
but did not set it down. I know the names of two only 
who worked for me, Aaron Reimer, and Daniel Deher. I 
set this down a few days after. I wished to know who the 
men were, and where they came from, for the reason, that 
if I was ever called on, I might furnish their names. Mr. 
Thompson told me that what I did in that business, I should 
do before witnesses, as I might be called upon to testify in 
reference to it. This was on the 4th or 5th of February, 
the day I paid Mr. Hall for the men. The others were 
strangers to me. I have seen one of the other nine since; 
did not think to get his name. The only reasons I have for 
thinking those men were Government employees are, that 
they were famished by the master mechanic, and that I 
saw them afterwards at work in the Quartermaster's Depart- 
ment, four of them on the store-house and carpenter's shop. 
Have seen them a number of times. Cannot tell where I 
have seen the other six. Two of them worked on that same 
store-house before they worked for me. Did not survey the 
lumber used. It was delivered from day to day. I saw 
only a part of it as it was brought. Have made no estimate 
as to how much lumber was used. My opinion is based 
upon the quantity of lumber upon the ground when I com- 
menced, and upon what Mr. Thompson told me they had 
got from him. I only know by an estimate in my mind 



22 

how much was on the ground. Can't state positively in 
what quantities the lumber was delivered from time to time, 
but saw a greater part of it delivered. Tart of the men em- 
ployed to bring it were Government laborers. Mr. Scott 
-aid he had been to Mr. More}', and had got only two men 
from him. Mr. Scott acted for Mr. Hall in his absence. Of 
the men employed to carry the lumber, part were white, 
and part black. To the best of my recollection, only one 
white man was employed. Do not recollect seeing any sol- 
diers carrying lumber. Think I did see some soldiers carry- 
ing it. Have no other particular reason for believing the 
men to have been employees in the Quartermaster's Depart- 
ment. Have put up one building for private purposes since, 
that now occupied by Mr. Stokes. The lumber for it came 
down on the barge 'J. M. French.' This was on or about 
the 24th of February. The barge was loaded with grain, I 
think. I assisted in taking off this lumber; nearly all was 
used in the building. Some lumber, I believe, was bought 
of a captain of a schooner. I carried a load or two myself. 
Am a good judge of lumber. There was no guard over the 
lumber I carried myself. I have no other means of know- 
ing how much lumber was furnished, except what Mr. 
Thompson told me." 

Direct examination resumed. 

"The carpenter shop where I saw the men work is, to 
the best of my kuowledge, a Government building. Mr. 
Thompson furnished all the help I had in putting up the 
building of Hall & Pond. Did not go to the lumber pile 
myself for the purpose of giving any order in regard to 
bringing the lumber. I understood that I was questioned 
only in regard to the particular men furnished from the dock. 



23 

Have seen two of them sweeping the dock; they were 
black. Don't know that I Lave seen any others." 

Hiram Wheeler, sworn : 

"Am captain of the steamer 'Zephyr,' in the Government 
employ since the 27th day of November, running between 
Aquia Creek and Washington as a mail boat. She was 
chartered by the Government, on the usual terms. We 
have transported only Government stores and stores for the 
boat. Recollect no seizure except that by Mr. Camp. 
Never told Mr. Camp that I had permission to bring apples 
for a boy. The apples were on board to sell to the passen- 
gers on the boat. A little boy, Mike, whom I have seen 
about Captain Hall's office, asked me one day to let him 
have some apples. I asked Captain Hall if there was any 
harm in doing so. Captain Hall said 'No.' Nothing was 
said about the quantity, or what was to be done with them. 
On the next trip, brought Mike two barrels of apples, and 
he paid me for them. Don't know what he did with them. 
This occurred some time in February." 

Mr. Henderson, sworn : 

"Am pilot of the 'Zephyr,' and have been ever since she 
was employed in Government service. Don't know of any 
occasion when the 'Zephyr' has brought to Aquia other 
than Government goods, ship-stores, and the private bag- 
gage of officers. Know of no occasion when any of the 
ship-stores were sold here at the Creek." 

Cross-examination. 

"I never complained to Mr. Camp in the pilothouse that 
the hands of the boat were not permitted to sell goods, when 
the captain brought apples and potatoes to sell to the em- 
ployees." 



24 

Captain Wheeler, recalled for tlfe defendant : 

" Captain Hall cautioned me about permitting goods to 
come to the creek in his name, not designed for him. He 
told me to order the officers at Washington to put every- 
thing directed to him on the bill of lading, so that he might 
know of it. Have heard him say that, if any person under- 
took to smuggle anything down in his name, he would 
have it confiscated. Have been in public service twenty- 
seven years. From what I have seen, I think Captain Hall 
has been more able and efficient than any other officer I 
ever saw." 

Albert L. Ives, sworn : 

"Reside here. Am cashier of the railroad boarding 
house. Have been in the employ of Captain Hall. Was 
engaged on the 6th of December by Mr. Smith, master of 
transportation, and came here with him. I came as clerk, to 
discharge the mail boat and see that the goods corres- 
ponded with the bill of lading. Was thus employed from 
the 6th to the 26th of December. Large quantities of 
goods were received during that time, marked 'Captain T. 
E. Hall, A. Q. M.' Don't know that any of them were ever 
taken to Hall & Pond's store. I never stated that to any 
person. There came down one day two cheeses, marked 
'Captain T. E. Hall,' which were not on the manifest. They 
remained that afternoon on the wharf. For fear they might 
be stolen, I went to the office and asked Mr. Sheld if Captain 
Hall or any of the mess expected any cheeses. He said 
'No; they are for his brother, or brother's boy.' Mr. Sheld 
was chief clerk of Captain Hall. He asked me if there w T as 
anything for him. I said 'No.' Two boxes came the day 
before. He said they were also for Captain Hall's brother. 
These two boxes, while I was at the office, had been opened 



25 

by the detective, Mr. Spears. They were marked ' Captain 
T. E. Hall.' I don't know what became of them. Do not 
know of my own knowledge whether any goods marked 
'Captain T. E. Hall' came to Aquia and were sold by Hall 
& Pond, or taken to their store." 

Cross-examined. 
"I have no bias in this matter." 
Joseph S. Thompson, sworn : 

"Am master carpenter under Captain Hall, in the Quar- 
termaster's Department. Have been under him since the 
middle of September. Was here at the time the building 
now occupied by Pond & Hall was put up. Work was 
commenced on that building on the 28th of January. The 
lumber for the building consisted of a pile containing 4,000 
feet, put near the location of the building. Don't know who 
put it there. I asked the question, and J. L. Hall claimed 
the lumber. I supposed it was not Government lumber. I 
saw 'part of it used, and think it was all used for the building. 
Other lumber was used. It came from the Quartermaster's 
lumber yard. I loaned it to Mr. Hall on my own responsi- 
bility, with the promise of having it returned as soon as he 
could get transportation. I loaned 3,201 feet of boards, and 
796 feet of hemlock joists. This was loaned between the 
28th of January and 5th of Februai^y. Captain Hall said 
nothing at all to me, nor I to him, about it. Nothing per- 
taining to it was said until I had orders to fit up the Post 
Office with a table, letcer-boxes, &c. These were for the 
building, and were movable. I carried out these orders. 
Not one word has passed between me and Captain Hall or 
Captain Johnson concerning that lumber. That lumber has 
not been returned to my knowledge, or paid for. They have 



26 

promised that they would get it as soon as possible. I pre- 
sume it is not customary for Government employees in my 
position to loan public property. Have never done it before. 
I would not have loaned it to any man unless I knew him 
to be responsible, nor to any person not connected with the 
Quartermaster or officers on duty here. I supposed that 
Hall & Pond would hold me harmless by returning the 
lumber as soon as possible. Know them to be responsible. 
Had known Mr. Hall in Newbern, and again in Maryland. 
Think he w r as regimental sutler. In Maryland he was in the 
Quartermaster's Department. Think he was forage master. 
I did not believe that I was furnishing that lumber on the 
strength of Captain Hall. I don't believe he would sustain 
me in doing wrong. I think I did wrong as the matter 
stands. There were no men in the employ of the Quarter- 
master's Department who worked on that building. They 
were not on my rolls at the time. One of them had been. 
His name was Thomas O. Keefe. This man was put on 
board a boat to do some repairing, and was gone some 
twenty-five days, and having heard of him in ]STe\vbern, JSL 
C, he was dropped from the roll. He came back and told 
a pitiful story and wanted to go to work. I said he might 
go to work for Mr. Brown, as he was short of men. I think 
he worked one day. After that I put him on duty in the 
Quartermaster's Department, and kept him so until he was 
discharged. He did not work on this building after I took 
him up on my rolls. Four of the others came from Penn- 
sylvania or Washington. Their names are II. Adams, M. 
Ballard, D. Deher, A. Reimer, W. Paly. They came all at 
a time, a day or two previous to their going to work. Their 
first work was on the building. We had but little work at 
the time. After the building was done I employed them all. 
Mr. Paly worked for the Quartermaster before he worked 



27 

on the building. This Keefe and I were in a room together 
on Sunday. We were not at work, and he went out and 
worked Sunday. This was all he worked on the building. 
He did this as an extra job when he was oft' duty. He re- 
turned to his work in the Quartermaster's Department the 
next daj'. I did not make an agreement with Mr. Brown 
to furnish him with laborers. Mr. Brown came here and 
took the contract. lie told Mr. Hall in my presence that he 
had some men he could get to do the work. He went away 
and returned with only one man, and I don't think he ever 
worked. The reason he gave for their not coming was, that 
they had not stayed at home long enough. I told him here 
were four that he could have. Brown asked me what the 
Quartermaster was paying. I told him I had never known 
him to pay over $1.50 per day. Before the work was com- 
pleted the Quartermaster had got consent to pay more wages 
than he had been paying, and I told Brown he ought to pay 
those men $2 per day. He said he was willing to do so." 

Cross-examined. 

"The lumber loaned was correctly surveyed. Don't re- 
member that Brown ever asked me how much lumber was 
used from the Quartermaster's Department. I never told 
him that there were more than 6,000 feet used. I have 
measured that building. There is a fraction over 8,000 feet 
in the building. I did not order Mr. Brown to pay those 
men. I suggested to him to give the money to Mr. Hall. 
About the time of the completion of the building there was 
a loud and unexpected call for carpenters. I had orders 
from Captain Hall to put up forty-two houses at Windmill 
Point as soon as possible. That was the reason why those 
men were taken into the employ of the Quartermaster's 
Department. We collected together all the men we could. 



28 

I did not tell Mr. Brown that I had had orders that he was 
to pay those men two dollars a day. Mr. Brown did not 
apply to me for the lumber. I did not know him in the 
transaction. I did not tell Mr. Brown that Captain Hall 
had agreed to lend the lumber for the building. I did tell 
Mr. Brown that, whatever he did, he had better do in the 
presence of witnesses. I did not suggest to him that he 
might be called upon to testify. I think the men who 
worked on the building one day, worked on the storehouse. 
I don't think that four of the men ever worked on the 
building known as the store-house and carpenter's shop. I 
have held the same position that I hold under Captain Hall, 
under Colonel Briggs, Chief Quartermaster of the Depart- 
ment of North Carolina. I was appointed by Mr. Cutting, 
master carpenter of the fleet. I have had the entire super- 
vision of the erection of the buildings at this point. The 
plans and estimates have been made by me. This has 
necessarily called me into very intimate connection with the 
Quartermaster. I consider from my position that the Quar- 
termaster has been faithful to the Government, and econom- 
ical. I know of no one more so, as far as my observations 
extend. I never saw anything that made me believe that 
Captain Hall was connected with Hall & Pond. Captain 
Hall has never had one word of conversation with me in 
regard to my testimony here." 

Direct examination resumed. 

" Had no understanding or agreement that I was to be 
recompensed in any way for the loan of that lumber." 
Court adjourned until 9 o'clock a. m., March 18th, 1863. 

March 18, 1863. 

Michael Holland, recalled for prosecution: 

"Witness shows a paper. 



29 

"From this paper (Exhibit 6*) it seems that Dr. McMillan 
has applied to me for transportation — for a tug to tow barges 
to Windmill Point, where we had a hospital established." 

Fred. A. Luckenbach, sworn: 

"Am special purveyor at present in the Army Hospital. 
Am frequently passing up and down on the boat. I have at 
one time seen goods on this wharf directed to Pond & Hall. 
There were two boxes, about 2 feet long and 15 or 18 inches 
wide. They were on trucks. Don't know whom they were 
taken to. This was within one-half of an hour after the 
arrival of the mail boat. There were goods on the wharf 
near this property that were taken off of the mail boat. I 
saw no other goods there except those brought by the mail 
boat." 

Cross-examination. 

"I have transportation for my oysters on the mail boat, 
by order of Colonel Ingalls. (Exhibit 7.*) This is the origi- 
nal order signed by Colonel Ingalls, Chief Quartermaster 
Army of the Potomac," 

Marshall Halliday, sworn : 

"I have been until recently a sutler. I was at Liverpool 
Point in company with a man by the name of Van Riper. 
This was the last of January or the first of February. I 
came over on the 'Eagle.' Some seven or eight teams came 
over that day. They belonged to different parties. One of 
them I know, the others I do not. I know nothing person- 
ally of any agreement being made. Previous to us there 
were some others who came over. My opinion was, that 

* See Appendix. f See Appendix. 



30 

they came on Government boats. Don't know the names 
of the boats. I had forage for my horses. They were not 
in a famishing condition. When I came, all came. The 
boat that brought me brought the last of them. I don't 
know that these were Government boats, only that I was 
told so. I was not doing business then on my own account. 
I had nothing to do with procuring the transportation. I 
never paid a cent to any one, nor do I know of anything 
being paid, except b} T report." 

Cross-examine'l. 

"Previous to my coming over, others had come, some in 
the day time and some at night. Don't know how many 
companies. We lay about one-half of a mile from the shore. 
My business there was to look after the wagons and har- 
nesses. This did not keep me at the place all the time. 
From my own knowledge I don't know that any sutlers 
crossed on the boat in the night. I did not see any teams 
on the boat at all, but saw some on the wharf. This was in 
the day time. I presumed they were going. I don't know 
of my own knowledge that any came on the boat, except 
those that were on the boat with me. I was first inquired of 
night before last about this matter. We had been at Liver- 
pool Point a few days. I saw the guard examine the teams 
of other sutlers. Don't know whether they examined mine. 
I had but little in the wagons. They stopped several teams 
here. I don't know of my own knowledge why the teams 
were stopped. It was reported that they had whiskey and 
were detained. I do know that Mr. Van Piper was an 
authorized sutler. I know it from having seen his commis- 
sion." 

Captain J. M. Robinson, A. Q. M. : 

"I am Assistant Quartermaster at 6th street wharf, Wash- 



31 

iugton. Have been there since the 8th of December. The 
'Zephyr' and 'Wilson Small' are the two principal boats 
running between Washington and Aquia Creek. Since then 
the 'John Brooks,' the 'Portsmouth,' and 'John A. War- 
ner,' have made some trips. Several transient boats run 
occasionally. After the battle of Fredericksburg they ran 
every day. All were in the Government employ. It is tin- 
business of these boats to carry none other than public prop- 
erty. I am authorized to send on these boats passengers 
with their baggage, and such private freight as I believe to 
be for officers' own use, but no sutlers' goods ; also the 
stores for use on boat. There is no exclusion except as to 
sutlers' goods or stores. I know of no particular instance 
where sutlers' stores have been transported, yet I have reason 
to believe that through the connivance of officers, sutlers' 
stores have been so transported. I have reason to believe 
that some of the officers of General Sigel's Corps have con- 
nived at the transportation of sutlers' stores by certificates 
that they were for their own use. I have known of some 
things being sent down to Mr. Pond, not to Hall & Pond. 
I wish to refer to my books. These books are not all in my 
own hand writing. They contain correct statements of all 
goods that I shipped in the time to which they relate. This 
book covers the period from the 20th of December to the 
27th of January. There is no record in this book, as I can 
see, of goods shipped for Mr. Pond. There were goods 
shipped for him during this time. He applied for the trans- 
portation, and my impression was that the goods were for a 
Government institution. I thought they were for a Govern- 
ment bakery. The next book covers a period from January 
27th to March 14th instant. February 11th, I rind trans- 
ported to Mr. Pond six cases of boots and one barrel, designed 



32 

for Captain Hall and his laborers. On the 31st of January 
transportation given Mr. Pond for one barrel sausages, one 
tub butter, and one box bread. I don't know as any of the 
things were marked for Captain Hall. I seldom see the 
boxes. Februaiw 3d, five boxes boots and shoes, and two 
boxes of clothing for Captain Hall's laborers, also three 
boxes of bread and two barrels. February 5th, J. L. Hall, 
transportation for three boxes, one barrel, one tub mess- 
stores. The night Captain Hall went on to Baltimore, on 
the 19th of February, he told me to stop furnishing trans- 
portation to Pond. February 11th, six cases of boots and 
one barrel for Captain Hall, transportation applied for by 
Pond. This don't prove that they went on the boat. I do 
not know whether or not any of those goods were intended 
for sale. My impression is that they were not. 

"I have furnished everything required from Captain Hall 
relative to transportation. I take care to preserve everything 
on record. Hussey was to construct or carry on a bakery 
here for the purpose of furnishing the employees of Captain 
Hall with soft bread. Beebee was employed to conduct the 
Government mess-house here for the Government employees. 
I believe he carries on a general eating-house besides. Mr. 
Beebee had transportation for some property. He had 
transportation for stores for his eating-house connected with 
his mess-house. I gave that transportation upon the under- 
standing that he was to conduct the Government mess-house, 
and was to have a small portion of it fitted up for himself; 
and that he was to supply, at his own expense, all the crock- 
ery and everything connected with the mess-house ; and 
that he was to have transportation for stores, so that officers 
could get meals. He was to have transportation for them 
when it could be given without detriment to the public ser- 



33 

vice. I had this understanding with Captain Hall. ^Ex- 
hibits 8, 9, and 10, put in as evidence.) 

"The packages, marked in Exhibit 10, contained crockery, 
knives, forks, &c. I don't know that large quantities of 
sutlers' goods have been shipped on Government boats, ad- 
dressed to officers, and frequently, so as to excite the sus- 
picion of any vigilance officers. I have suspected it for a 
long time — ever since I have been giving transportation. I 
did feel morally certain that a fraud was being practiced 
upon the Government, and have so stated to Col. Pucker 
and others. The only measures taken to prevent it were 
these : I received a written order for transportation from the 
officers ; a detective was placed at the head of the wharf to 
prevent the improper shipment of stores. He was sent there 
and put under my instructions. I afterwards withdrew my 
instructions, and told him to act under Col. Pucker's instruc- 
tions alone. The boat and cargo are now consigned to Capt» 
Hall. Until, I think, within three weeks, private stores 
were not consigned to Capt. Hall, only public property, ex- 
cept, occasionally, when Col. Rucker wished to send a box 
safely through. Capt. Hall should have supervision of un- 
loading all boats. I have generally considered it the Pro- 
vost Marshal's duty to interfere and stop the transportation 
of improper freight. 

" I consider that, if the Quartermaster should see goods 
thus improperly shipped, he should inform the Provost Mar- 
shal, and refuse further transportation on the road. It 
would also be his duty to stop the delivery of such goods, 
if the fraud should come under his observation." 

Cross-examined. 

" I have been instructed by Capt. Hall, that, if I saw any- 

* See Appendix. 

3 



34 

thing on the boats that I had reason to believe was being 
smuggled down in his name, I was immediately to notify 
him by telegraph. I also received instructions to have 
everything sent to Capt. Hall put upon the bill of lading. 
This was done. I was also so told by Capt. Wheeler, of the 
'Zephyr.' Capt. Hall also told me the same thing. I never 
have supposed that Capt. Hall demanded that goods should be 
shipped down here, other than for Government employees. I 
looked upon the establishment of Mr. Beebee as a public 
benefit. I don't suppose that as much transportation has 
been furnished for this place as for the mess of any head- 
quarters' officers. 

"I have been in the habit of furnishing transportation for 
private stores for parties at the request of officers high in 
rank in the army, which I did not feel at liberty to refuse. 
I have received from officers orders, in a general form, for 
furnishing transportation for such stores as they might desire. 

" I have seen orders from General Burnside to the effect 
that the bearers were to have transportation for such articles 
as they desired. I think I have seen such orders given by 
command of Major General Hooker. I think I have seen 
such orders given by Colonel Ingalls, Chief Quartermaster 
Army of Potomac. I have never shipped goods with the 
sanction of Captain Hall to the detriment of the public ser- 
vice. I have heard Colonel Baker's detective mentions Cap- 
tain Hall's name at different times ; have heard Sergeant Lee 
speak of him many times. 

" I have always thought, from what I have known of Cap- 
tain Hall's administration, that he was an honest, able, and 
efficient officer." 

Adjourned. 



35 

March 19th, 1863. 

Captain Robinson, recalled : 

" I have orders from Colonel McCallum, Chief of the Rail- 
road Department, and from Colonel Rucker, to furnish trans- 
portation for clothing and provisions for the employees of the 
railroad. I have one general order from Colonel Rucker to 
that effect, and special orders from Colonel McCallum. This 
furnished a few cars at a time, perhaps once a week. I under- 
stand this to be for the mess-house, and for the employees. I 
have reason to think that this department gets most of its sup- 
plies from Alexandria." 

Direct examination resumed. 

" I sent no lumber down for Hall & Pond. I sent some 
lumber down for Mr. Pond, on a cattle barge, a Government 
barge. It is the lumber referred to in Exhibit 9.* It did not 
interfere at all with the Government service ; if it had I would 
not have sent it. I do not know why the goods sent to Cap- 
tain Hall were so marked. I did not suggest it at all. It was 
not my action to mark the goods so. I supposed that all the 
transportation Pond asked for, was for a Government bakery, 
and I had it put down for Captain Hall on the bills of lading. 
Applications for transportation were referred to my chief 
clerk s for a long time, with instructions in important cases to 
refer them to me." 

Captain John A. Morris, A. Q. M., sworn : 

" Am Captain and A. Q. M. on General Burnside's staff. I 
went on duty at this place on the 15th of December. At this 
time I was a Lieutenant and A. D. C. of General Burnside. 
I was here until the 25th of January. I was on duty as Acting 
A. Q. M., assigned to the Transportation Department. My duty 

*See Appendix. 



36 

was altogether on the wharf- I do not know during that 
period that sutlers' goods came for Hall & Pond, or either of 
them, or at any other time. No goods whatever, marked ' Hall 
& Pond/ or either separately, ever came upon the wharf that 
I am aware of. I don't know of goods coming for the use of 
Hall & Pond, or either of them, whatever they might have 
been marked. I do not know of goods coming for any other 
sutlers, but had strong reasons to suppose that such goods came. 
Large quantities of goods came down on the freight boats, then 
running for the Government, as well as the mail boats, marked 
for different officers in the army, as ' Officers' Mess Stores.' 
Those all passed through my hands. I had orders from Cap- 
tain Hall to be governed by paragraph 6, of General Order, 
No. 187. 

" All such goods in charge of persons having proper passes 
and authority for bringing them on the Government boat, sat- 
isfactory to me, except those who were here at this point, were 
put on the trains with bills of lading, and invoiced to the dif- 
ferent quartermasters on the road, who receipted to me for 
them. They were forwarded by me. I considered it to be 
within the instructions of this paragraph. The Provost Mar- 
shals of Grand Divisions were not at this point. It was not 
my duty to invoice the goods to the Provost Marshal, instead 
of to the quartermasters. I forwarded them to the depots of 
arrival contemplated in the order. All goods coming on the 
mail boat, addressed to different parties, not having the proper 
order from the War Department, a pass from Captain Robin- 
son, or officers in the Army of the Potomac, were detained at 
this depot, and by me reported to Captain Hall, and by him to 
the Provost Marshal. On the night of the 15th of January, 
or thereabouts, we were ferrying some cavalry from Liverpool 
Point to this point, The person in charge of the cavalry got 
the boats from me, and superintended the passing of the cav- 



37 

airy himself. The ' Warner' left this point about 4 o'clock p. 
m., the other boats shortly afterwards, and kept running- until 
they got the cavalry all over. Then, or a few days afterwards, 
I was informed by some of the employees on the wharf, that 
the ' Tallacca,' about one o'clock at night, in charge of 
Messrs. Craig, Evans, and Carter, clerks under me — Craig 
was harbor master under my orders — made a trip to Liverpool 
Point, and brought over seven sutlers' wagons, charging them 
a very high price. I immediately inquired into the facts, and 
found it was so. I at once reported to Captain Hall. This 
was about three o'clock p. m. Captain Hall immediately sent 
for the captain of the Tallacca, and questioned him in regard 
to the matter, and he told him the whole matter, all that he 
knew. Captain Hall then informed the Provost Marshal that 
he had discovered that some of the employees on the wharf 
had been engaged in ferrying sutlers across from Liverpool 
Point. 

" That night, after we had gone to bed, Mr. Craig came into 
our room, with a man from "Washington, a detective, I believe. 
The detective had some private conversation with Captain 
Hall, I don't know what it was, and then left. The night the 
sutlers were brought over, Captain Hall was not at the creek. 
I think he was in Washington. Those men engaged in the 
transaction remained in the employ of Captain Hall, I sup- 
pose, about three or four hours after this was done. 

" They were arrested by order of Colonel Baker, as I under- 
stood. Carter was not at first implicated. Craig and Evans 
were arrested ; Carter was subsequently implicated, but not 
arrested. I have understood that he was dismissed at once, 
after he became known in the matter. I have no knowledge of 
any goods having passed from the possession of Captain Hall 
to Hall & Pond, or either of them. Barges were sent from 
here to Windmill Point, with hospital supplies for the hos- 



38 

pitals at that point. On these barges were also sent contribu- 
tions from benevolent institutions for the sick in the hospitals. 
" I gave the order myself to have the goods placed on board 
the barges. These contributions were, as far as I know, passed 
by the Secretary of War to this point, on Government vessels. 
The barges carried nothing else, or the tug either. I know of 
no other instance of property, which could be considered pri- 
vate property, being towed to Windmill Point. I don't know 
of any instance in the month of December when a tug was per- 
mitted to tow a private vessel. I do know of an instance 
when the captain of the steamer ' Frazer' was detected by Cap- 
tain Hall in carrying sutlers' goods. Captain Hall ordered 
liim to report to Colonel Rucker, with a statement of this fact, 
and the boat was discharged from the service." 

Cross-examined. 

" I do know of an instance when the steamer ' Eagle' made a 
trip to Liverpool Point, and brought some sutlers to this point. 
1 cannot give the dates, I think it was about the 18th or 20th 
of January. This was done in the day time. I am confident 
that I saw written authority from Colonel Ingalls. I think it 
was in the form of an endorsement, upon the request of some 
General to furnish such transportation. The permission from 
Colonel Ingalls was to the effect that, if not interfering with 
the Government service, he could bring those sutlers from Liv- 
erpool Point. The ' Eagle,' I think, made but one trip. 

" At the time the ' Eagle' made this trip it was not detri- 
mental to the public service. She was kept here as an ice 
boat, to break ice in the harbor. As such it was the duty of 
the boat to be running about the harbor. I think she also 
took some rations for the guard at the Point, on the same trip. 
I identify these papers as papers or samples of papers upon 
which I gave transportation for goods. Captain Hall gave 



39 

me positive instructions to detain goods upon which the proof 
was not clear, and report them to him. I recollect detaining 
two large trunks filled with tobacco and segars. These were 
turned over to the Provost Marshal by Captain Hall in my 
presence. These goods were marked to an officer. The per- 
son in charge could show no authority, and they were detained. 
Don't know what became of them. Complaints were made 
because goods were detained, by officers at the Headquarters 
of the Army. I do not know of any instance when Captain 
Hall ever received, directly or indirectly, pay for the services 
of public property for private uses. I do not know that Cap- 
tain Hall furnished Messrs. Hall & Pond with any facilities at 
all for doing their business. They used to complain to me 
that he furnished them no facilities at all. I have known Cap- 
tain Hall since December, 1861. I have known him as Brig- 
adier Quartermaster for General Reno, also Division Quarter- 
master, and Chief Quartermaster of the 9th Army Corps. 
Knew him at Annapolis, Roanoke, Newbern, Fort Monroe, 
Fredericksburg, during the Maryland campaign, at Hatteras, 
and Aquia Creek. I was an A. D. C. on General Reno's 
staff. I have never in all this time known him to be accused 
of incompetency or dishonesty, or unfaithfulness in the dis- 
charge of his duties. Have heard him spoken of in the highest 
terms of praise by General Burnside and General Reno for 
promotion, in July, 1862. Before the death of General Reno 
the staff had been made up by him, and Captain Hall was 
designated as Chief Quartermaster, with the rank of Lieuten- 
ant Colonel. At the death of General Reno he was assigned 
to duty on General Burnside's staff. The Quartermaster's 
business in North Carolina was such that it came under the 
immediate eye of General Burnside and General Reno. I have 
never heard them find any fault with Captain Hall, but have 
heard them praise him. I heard General Reno say he thought 



40 

his Quartermaster's Department was the ablest conducted de- 
partment he was ever connected with. I remember at one 
time that he thought Captain Hall capable of conducting the 
Quartermaster's Department for an army of 100,000 men. 
Vessels in the harbor are subject to the direct orders of the 
harbor master. This would cover such a case as the affair 
between here and Liverpool Point. He designates to the dif- 
ferent steamers the tow they are to take. 

R. D. Bender, sworn: 

"Am captain of the steamer 'Eagle.' Have been captain 
since September, 1861. This boat is owned by the Govern- 
ment. The boat has been employed at this point for general 
transportation of troops, forage, army wagons, and for lighter- 
ing vessels, bringing goods from such vessels to the dock, car- 
rying laborers to and from the forage dock. This dock is 
known as Yuba Dam. I have made trips between here and 
Washington during last fall and winter, carrying horses and 
mules. The only transportation to Washington was for the 
team of a Mr. McElhaney, and there "were also some cases from 
Liverpool Point. (Witness here produces his orders. Seven 
papers shown.) These exhibit all the cases in which any sut- 
lers were brought over, with the exception of one case where I 
have not the order. * (Exhibits 11,12, 13, 14, 15, 16, 17.) In 
one instance the order was verbal. Each was a separate trip, 
at the dates specified in the order, or thereabouts. The 8th case 
referred to, was on the 13th or 14th of January ; may be later. 
I never received or asked or suggested any payment or other 
consideration in goods, services, or other shape, either directly 
or indirectly, for such transportation. I have been offered pay 
by the sutlers, and once by Mr. Carter, who was in the employ 

*See Appendix. 



41 

of the Quartermaster's Department. I never knew of any in- 
stance of Captain Hall ever receiving or demanding or suggest- 
ing any consideration in money, goods, services, or otherwise 
for the transportation of private property on the ' Eagle 7 or any 
Government boat, or of any one in his behalf receiving or de- 
manding such consideration. On the afternoon of the 12th of 
January, I was ordered to Liverpool Point to bring over either 
horses or wagons. I was ordered to wait for them. I had 
heard, in the morning of the 12th of January, from the clerks 
in the transportation office, from Mr. Carter and Mr. Baxter, that 
the steamer 'Tallacca' had previously made trips to Liverpool 
Point for sutlers, and was going to bring over more that night. 
This was on Monday night, the 12th, and they said they were 
going to make me bring a load also. There were at that time 
twenty-three sutlers there. I came to Captain Hall's office for 
instructions, and I reported that we had brought the army 
property over, and was ordered by him to Liverpool Point to 
wait for other property that was expected there. I asked in- 
struction whether I should be compelled to move the boat that 
night without authority from him. The answer was, ' No.' I 
then went to Liverpool Point, and moored the boat for the night 
in such a manner that it was impossible to take a wagon on to 
my deck. At three minutes past eleven, the steamer ' Tallacca' 
came alongside, and Mr. Carter came to my door and ordered 
me to move wf boat, that the steamer ' Tallacca' could be got 
to the dock. I declined to move. I was importuned by the 
sutlers to move, but declined. While so laying, the parties, 
Mr. Carter and the sutlers, offered to make it an object for me 
to move. I declined, telling them they would all get into a 
scrape. At 11.45, the ' Tallacca' left without getting the wagons 
on board. She went out into the stream. I heard her exchange 
whistles with a tug-boat. She returned to Liverpool Point at 
28 minutes past 12 on the morning of the 13th, and made fast 



42 

until morning. She returned without Mr. Carter or any other 
of the employees, except Mr. Evans. He came back with the 
boat. Carter was on board of her before. I make these state- 
ments as to the hours and minutes from a memorandum in my 
own hand writing, made by me at the time of the occurrence. I 
transferred the same to my log. I made a demand for an order 
from Captain Hall. He (Evans) said he had none. I told him 
then I should not move. 

" Articles were brought here from Washington by the hands 
on the boat ; articles to sell on the wharf. These goods con- 
sisted of apples, cakes by the barrel, cigars, and tobacco. They 
sold them to parties coming on the wharf. These were sold on 
board to various individuals, to men generally, some to news- 
boys occasionally. This was done openly. All the boats did 
it. They were brought in quantities of perhaps twenty barrels 
a trip. I don't think these facts were known to Capt. Hall. 
I once named it to him and he said, I had better get an order 
from Colonel Rucker, before I allowed any more of it. I 
ordered it stopped immediately, and it was so stopped ; and 
nothing has been sold since. I can't say as it has since been 
repeated on any other boats. This practice continued from 
the time we commenced running here for about four weeks, I 
think less. I hardly know whether this could have been done 
without its coming to the knowledge of Capt. Hall. He would 
have been obliged to be here and watch, to p| P 3vent it. The 
articles referred to were generally taken off after the Govern- 
ment property was taken off, never before. I have seen them 
taken off at the same time with other property. The men who 
bought them generally took them off at once to the camp, except 
those sold to newsboys. They were taken off the dock alto- 
gether, on to the shore, out of the way. Sometimes they were 
taken ashore below the dock altogether, and landed on the 
beach, generally on the wharf. I thought there was no harm 



43 

in it. As soon as I heard of any objection to such practice, I 
spoke to Capt, Hall as I have stated. My steamer has never 
been employed to tow a private vessel for profit. I found a 
fishing smack in distress near Wade's bay, and I towed it to 
Washington, and reported the facts to Major Rhinehart, har- 
bor-master. I found a fishing vessel at another time in distress, 
and I towed it to Washington. I have received instructions 
from Colonel Rucker, or a standing order, to assist all vessels 
in distress, whether public or private, and report to him. I 
asked Major Rhinehart about it. He said there was no harm 
in it. I have never towed a private vessel except in the cases 
mentioned." 

Cross-examination. 

"When the teams were brought from Liverpool Point on 
Capt. Hall's orders, we more than once were sent over on pub- 
lic business. This refers to the first two or three trips we made 
under the orders exhibited. I can't remember as I went over 
on any of the times under Capt. Hall's orders. I have made, 
under orders from General Patrick and General Ingalls, several 
trips; two of them were in one day. This was the 16th of the 
present month. At the time I spoke of as bringing down the 
cakes and apples, I knew there was a great necessity for some- 
thing to eat at the creek. The bringing of these down did not 
interfere with the public business, and I don't know of any 
cases when it did, as concerns other vessels. 

"I believe it to be usual for private parties to have transpor- 
tation on public vessels for articles not contraband of war, when 
it can be done not to the detriment of the public service, pro- 
vided it is done gratuitously. I did not explain to Capt. Hall 
when I asked him if I was obliged to move my boat that night 
without a written order from him, the object of asking the 
question. I asked the question in these words: 'Capt. Hall, 



44 



am I obliged to move my boat at night without a written order 
from you?' I furnished Capt. Hall with a copy of the log 
book relating to the transaction of the 'Tallacca' coming along- 
side my boat when lying at Liverpool Point. A few days after 
the transaction occurred, I was in the office. My impression 
is that Capt. Hall sent for me. Capt. Hall commenced to 
make inquiries concerning the transaction of the sutlers. I 
then related to him what I have testified to here. Capt. Hall 
asked me for a certified copy of the log, which I gave him. 
From my experience in the Department here, I have reason to 
believe that the business of this place has been done in as able, 
efficient, and honorable manner as I have known in my life. I 
have had business with all the different Quartermasters in the 
Army of the Potomac. This is the universal testimony of all 
parties doing business at this depot. Captain Hall caused the 
mate and engineer of the boat to be arrested and discharged 
for selling whiskey." 

Frederick Durkee, sworn: 

"I am sutler of the 10th N. Y. Cavalry. I was here at 
Aquia in December last, and applied to Capt. Hall for trans- 
portation to Liverpool Point for four horses and wagons, and 
was refused. The reason given was, that he was sending no 
boats at that time ; that if he should send a boat over he 
would accommodate me. I remained here three days ; no boat 
went over. My teams were delayed here four weeks, and then 
went by way of Dumfries. I don't think application was made 
during this time for transportation for my teams. I came down 
to Liverpool Point from Washington with my teams in the lat- 
ter part of January. I did not apply for transportation, because 
it was refused to others, and I thought it would be of no use." 

A. C. Hawkins, sworn: 

"Am sutler of the 9th Pennsylvania Reserves. I came over 
from Liverpool Point to Aquia in the latter part of December 



45 

last, with my team and sutler's stores, on the ' Eagle.' I had 
an order for such transportation from Capt. Hall, (Exhibit 4.*) 
This was in the day time. It was just dark when we got over. 
This transportation was entirely gratuitous. Other sutlers 
came the same time; three or four, I think. They got the like 
transportation. The only time, other than this, when I have 
had transportation was on an occasion when I brought from 
Washiugton on the mail boat a keg of butter, on an order from 
an officer. I did not use all of it. The order was for his spe- 
cial mess. He used part of the butter himself. I sold the bal- 
ance. He took one or two sacks of flour. The other I took 
when it was bought and transported. It was designed for his 
use. This transportation was without compensation." 

George E. Mattingly, sworn : 

"Am receiving clerk at 6th street wharf, Washington, under 
Capt. Robinson. There are no books in my office that show 
the marks on the goods, save the direction. I had no conver- 
sation with Mr. Pond or Mr. Hall relating to transportation, 
or communication with them. When the goods came with an 
order from Capt. Robinson for transportation, I allowed them 
to be shipped." 

J. Seager, sworn : 

" I was employed as master of transportation on the wharf 
under Capt. Hall from the 23d of December to the 25th of 
February. Was engaged by Capt. Morris, and acted directly 
under his orders. I have seen sutlers pay money to Mr. Craig, 
harbor master, for transportation of property on Government 
boats. I never assured Mr. Evans that this money was paid 
by order of Capt. Hall or with his knowledge, or that Capt, 
Hall was interested in such business, or shared in the money 

* See Appendix. 



46 

thus received, or that he gave such orders, or that he had such 
knowledge. I saw Mr. Craig receive this money but once. 
This was between the first and the ninth of January. I think 
this was for bringing sutlers over from Liverpool Point in the 
' Tallacca.' I don't know of her going over more than one 
night. On the second trip I was on her. I don't think Capt. 
Hall had any knowledge of her going over. I saw the order 
which the captain of the ' Tallacca' had. It was to the effect 
that Mr. Evans, forage-master on the lower wharf, should have 
the exclusive control of the boat, subject only to orders from 
Capt. Hall. I think this order has been destroyed. I know 
nothing of the time when the captain of the ' Eagle' refused to 
move his boat. Mr. Evans went over on the occasion to which 
reference has been made. I don't think Evans assumed control 
of the boat. I saw him take some of the money. I know of 
no other occasion during the term of my being at Aquia Creek 
of any person in the Quartermaster's Department receiving any 
consideration in money, goods, services, or otherwise, for 
affording public transportation for private property, or for any 
other unlawful act." 

Court adjourned to Friday, March 20th, 9.30 a. m. 

Maech 20, 1863. 
Court reassembled at 2 p. m. 

A. N. Baxter, swoi'ii : 

"I have resided at Aquia Creek. Was foreman on the wharf. 
Had charge of the fatigue-duty men on the wharf from Novem- 
ber 17th or 18th to the 18th of February, excepting for about 
three weeks near the 1st of December, when I was disabled by 
an accident. I superintended the discharging of goods from 
the Government boats ; mostly in the Forage Department. I 
usually unload the goods from the vessels to the cars, turning 
them over to the master of transportation. I know both Hall 



47 • 

& Pond. I have seen bread come directed to ' Capt. T. E. 
Hall,' and delivered to Hall & Pond. It used to come in 
boxes. The boxes were about three feet by four feet square. 
They were got one at a time. About every other day these boxes 
came. This was for only two or three weeks. Sometimes the 
cases were open, and I could see that they contained bread. 
It was taken to the tents of Hall & Pond. I used to furnish 
them the men to do so. I saw some soldiers have bread in 
their hands. Can't swear the bread was sold. I saw it deliv- 
ered there. I have never seen anything so marked delivered 
to Hall & Pond except bread. In January, about the middle 
of the month, I won't be sure about the exact date, it may have 
been as early as the 9 th, I saw the ' Tallacca' land at night and 
put on the wharf eleven sutler's teams. This was about 12 
o'clock. I counted that many ; there might have been more. I 
did not see them make the second landing. Messrs. Seager, 
Carter, Evans, and Craig were present. Capt. Hall was not 
present. No others of the Quartermaster's Department were 
present. I have no knowledge of a second trip except from 
hearsay. I heard Evans tell the captain of the ' Tallacca' to 
make another trip, and I heard subsequently that another trip 
had been made. I saw a sutler, in conversation with Evans, 
take out some money. Did not see any money paid. I did 
not hear Capt. Hall's name mentioned in connection with the 
transaction. I heard Evans say that Capt. Hall had put the 
'Tallacca' under the Forage Department. Evans was chief of 
the Forage Department on the wharf." 

Cross-examination. 

"I made an affidavit in Washington yesterday. The paper 
shown is said affidavit." 

Statement of A. N. Baxter. 

' : I have been a resident at Aquia Creek from about the 17th 
November last up to the 15th of February last. I was during 



48 

that time in the employ of Capt. T. E. Hall, quartermaster at 
that place. My business was that of superintendent at the 
wharf; that is, superintending the discharge of goods and gen- 
eral freight from vessels, and turning the same over to Southey 
and Seager, masters of transportation, in the employ of Capt. 
Hall. , 

" I am personally acquainted with Mr. Hall, of the firm of 
Hall & Pond, sutlers, at Aquia Creek. Mr. Hall is a brother 
of Capt. T. E. Hall, quartermaster at that place. I also know 
Mr. Pond of that firm. He is a brother-in-law of Capt. Hall. 

" I further state, that on several occasions during- my employ- 
ment as aforesaid, boxes, containing bread, marked ' Capt. T. 
E. Hall, Quartermaster,' were discharged from Government 
transports at the Aquia Creek wharf, and that said boxes were 
uniformly delivered to the said Hall & Pond, or to their clerk, 
by their order. Mr. Pond, of the said firm, told me in refer- 
ence to such deliveries, ' that Capt. Hall would protect me in 
making the deliveries of the said boxes to the said Hall & Pond.' 
I further state, that from the statements made to me by the said 
Pond, I understood and believed that the delivery of the said 
boxes to Hall & Pond was made with the knowledge and con- 
sent of Capt. Hall. I further state that the bread in said boxes, 
so delivered to Hall & Pond, was sold by them, Hall & Pond, 
in their store at Aquia Creek. I further state that Benjamin 
Bishop, W. Carter, and a Mr. Seager, were also engaged as 
superintendents with me at the same wharf. That Mr. Morey 
was also a superintendent at the same time, and also delivered 
the boxes above mentioned to Hall & Pond. I further state, 
that sometime about the 15th of January last, I was present 
and saw the Government ferry boat 'Tallacca,' after ten o'clock 
at night, make two landings at Aquia Creek, and discharge 
each time eleven loaded sutlers' wagons with their teams, and 
that W. Carter and Mr. Seager, before mentioned, werepres- 



49 

sent on the wharf when the first eleven wagons were discharged, 
and that the said Carter and Seager went back with the 'Tal- 
lacca/ and returned with the next load of eleven wagons, as 
above stated. About an hour and a half before this occurred, 
I met Mr. Seager, and he then told me that something would 
occur that night that I (Baxter) would be surprised at, and that 
I (Baxter) had better go to sleep. I went on the ' Tallacca' 
after she landed her first eleven wagons ; I saw there the cap- 
tain (Firm) and a Mr. Evans, forage clerk in the employ of 
Capt. Hall. There was also a man on board unknown to me, 
whom I saw take out of his pocket book a sum of money, as 
near as I could judge about $250, He and Evans were alone 
together on the deck of the ferry boat, and I was in the cabin, 
so situated that I could not see the actual delivery of the said 
money to Evans, but I have no doubt it was so paid and deliv- 
ered ; and immediately afterwards I heard Evans tell the cap- 
tain of the ' Tallacca,' ' I am satisfied ; go and make another 
trip.' After this I left the ferry boat, when they started and 
made another trip, bringing back, the said second load of eleven 
wagons. 

(Signed) "A. N. Baxter." 

Washington, March 19, 18G3. 

Sworn to and subscribed before me this nineteenth day of 
March, 1863. 

(Signed) N. Callajt, J. P. 

" I was approached by Mr. Camp yesterday morning very 
early, and he said that Col. Baker wished to see me." I had 
been approached for several days previous, repeatedly, by men 
whom I have since had reason to believe were detectives. I 
think so, because I have seenthem since in Col. Baker's office. 
The name of one was Spear. I have seen them all on the prison 
ship at the creek. Mr. Camp was one of them. 
4 



50 

"They told me it must be that I knew something against 
Captain Hall, if I would tell it. Said they wanted, to get this 
testimony to have Captain Hall cashiered ; said Captain Hall 
had, taken strong grounds against Colonel Baker. It became 
exceedingly annoying, as I had told them in the first place, on 
the honor of a gentleman, that I knew nothing derogatory to 
his honor. I used to find them where I got my toddies, and 
went to other places to get rid of them. Colonel Baker sent 
for me and told me that he wished me to come to his office at 
3.30 o'clock that p. m., and he would have an officer there, and 
he wished me to go with the officer and identify Seager. I met 
Mr. Seager and told him that I told Colonel Baker that he 
knew as much about it, and that Colonel Baker was going to 
arrest him. Yesterday morning Mr. Camp found me at Wil- 
lards' and took me over to Colonel Baker's. I was examined 
by one of Colonel Baker's officers. Colonel Baker was present 
a portion of the time, I think. I was detained there against 
my will. They showed no authority for detaining me. I offered 
security for my appearance as a witness in this case. I was 
detained until about 11 o'clock last night at his office. I was 
then placed in charge of another officer and taken up to the 
"Ebbitt House. The detective said something to the clerk of 
the house. I was placed in a room with the officer. The officer 
locked the doors and took possession of all the keys, and we 
went to bed in that room. This morning I was taken and 
placed in charge of Sergeant Lee, detective officer, and brought 
to this creek. He brought me from the ship to this office, where 
the court is sitting. I have never been subpoenaed to come 
here. I am here as a prisoner. They told me I would be re- 
leased after I had given my testimony. This affidavit was 
written down as I answered the questions. They asked me if 
I wanted to read it. I said "No." They read it to me, and I 
signed it. They asked me if Mr. Pond was Captain Hall's 



51 

brother-in-law. I answered, ' I have only heard in the last 
few days that he is. I do not know that he is.' Mr. Camp, 
interrupting, says 'Yes, that is so.' They asked me if the bread 
was sold by Hall & Pond. I told them I had seen it delivered 
and seen men eating it. I may have told them that I had seen 
it sold to them. 

"I did not tell them that I saw the 'Tallacca' make two 
landings, but told them 'that I so understood. To the best of 
my knowledge, the affidavit was not read with the clause in it, 
• Mr. Pond is a brother-in-law of Captain Hall.' I did not in- 
tend to swear so, and did not tell them so, but said that I never 
heard it while I was at the creek. The clause in the affidavit 
in these words, ' and that Mr. Carter and Mr. Seager before 
mentioned were present on the wharf,' as far as, and including 
the words ' as above stated,' was not read to me in the manner 
in which it appears in the affidavit. / did not intend, to so 
testify, nor did I so testify. So, in he same way, the last 
three lines in the affidavit, was not read to me as written. I 
told them I did not know that the second trip was made. Ser- 
geant Lee told me he was collecting testimony to have Captain 
Hall cashiered. 

" I know of no other cases when private goods came to the 
creek marked to Captain Hall. Many private stores were 
landed on the wharf, and a part of them were stopped, and 
afterwards confiscated, as I have understood. My orders were 
not to allow my men to take the goods from the boat until the 
officer of the Provost Guard had examined them." 

Q. by the Court. "Was the witness entirely sober when 
making the affidavit?" 

A. " Before I ivent into the office to make affidavit, I told 
Mr. Camp I had been up all night, and had been drinking con- 
siderably, and ivas not in proper condition to recollect every- 
thing. I insisted that I should be allowed to give my testimony 



52 

before the court. This was probably about an hour and a half 
or two hours before the testimony was taken. It was read to 
me as soon as taken. I told them that I was discharged from 
the service of Captain Hall." 
Adjourned till evening. 

March 20, 1863. 
evening session. 

* William H. White, sworn: 

"I am surgeon of the post here at Aquia Creek. Have been 
here since the 12th of January last. I don't know of any illegal 
sale of liquor at the post. I have seen men drinking from 
bottles together around the buildings, and in sutlers' 
shops, and have seen them disorderly. They were intox- 
icated. I brought the fact to the notice of the guard, 
and spoke of it to Captain Hall, Colonel Rogers, and 
Captain Forsyth. One man was arrested for drunkenness. 
I have seen no disorderly conduct within three weeks, 
except perhaps on St. Patrick's day or night. On that 
day there was a riot. Prior to the last three weeks, drunken- 
ness was common. I don't know that I have seen liquor kept 
as if for sale at Aquia Creek. I called into a sutler's establish- 
ment, where I knew an establishment was to be kept. There 
was some conversation about liquors being kept for sale. A 
man in the store, who was a stranger to me, asked me if I didn't 
want some good liquors for hospital use. I replied, I did not 
want any at that time ; that at some future time, when the 
hospital Avas ready for the reception of patients, it was probable 
that I might want pure wines for the use or benefit of the sick. 
This strange gentleman told me that lie was about opening a 
store, and he would store wine for me. This man was Mr. 

* Compare testimony with letter to General Patrick, in Appendix. 



53 

Hall, a brother of Captain Hall, A. Q. M. I asked him if he 
knew of any good wine. He answered that he did, pure home- 
made grape wine, and also that he had it not himself, but he 
knew of a man who had. I inquired for the man. Mr. Hall 
disappeared for a moment, and returned with another man who 
was a stranger to me. He repeated the same story, (Mr. Hall 
did not say how much there was,) that he had fifteen barrels of 
grape and blackberry wines of his own manufacture. I asked 
him where it was. He said it was on a schooner, and I asked 
to see and taste it, as, if it was pure grape wine, it would be a 
.great desideratum to have some for the hospital. I asked to 
try it. Mr. Hall said he would take the wine and pay for it, 
and hold it there for me, and deal it out to my orders. Hall 
also represented to me that this was a reliable man, that I 
might depend upon his word, that he knew him. I went my 
way and the man went his. In the course of a few hours the 
man came to me and let me know the wine was brought on 
shore. I went with him to the wharf, and found one of those 
small boats belonging to a schooner, the point on land, drawn 
upon the bank. I do not mean that we went on the wharf, or 
that the boat was landed there. It was some eighteen yards 
from the wharf, on the shore. There were two casks on board 
the boat. I tasted two small bottles on shore. I tasted some 
from each bottle. At the same time told him I would prefer to 
taste some of the other. The blackberry had a strong infusion 
of liquor. It was not pure. The other, represented as grape 
wine, was a stimulating drink, not by any means pure or good. 
I pronouced it afterwards a villainous compound. I insisted in 
getting some out of the barrels, as being the proper way of 
testing it. He managed to get some out of the barrels of black- 
berry wine. I found that about the same as in the bottle. I 
did not get any from the other cask. I said, 'That will do.' 
Then Mr. Hall agreed to take it and comply with the terms I had 



54 



before mentioned. I don't recollect of anything occurring until 
evening, when the man came to the hospital and informed me 
that the liquors were at Mr. Hall's, but that Mr. Hall had de- 
clined to comply with that part of the bargain requiring him to 
pay for them. He said that Mr. Hall said, that he had advised 
with his brother, Captain Hall, and that he had no objections to 
his storing it, but he did not want him to pay for it. I replied, 
'I don't make children's bargains.' The man was somewhat 
disappointed. I told him that he was introduced to me by his 
friend, Mr. Hall, and if he had got into trouble he might go 
back and see him. I had not seen Mr. Hall since the interview 
before mentioned. Then Mr. Hall urged the sale of the wine, 
and said that he knew him to be a reliable man and a manufac- 
turer of wines. He was apparently anxious that the wine should 
be purchased. I never spoke to Mr. Hall about the wine, any 
further than that it was all right. I told the man positively 
that I should not pay him for it. He went back and returned 
the second time. He returned and said that Mr. Hall declined 
to purchase the wine. He insisted upon selling the wine, and 
said he would sell it at a very low figure. The price was 
twenty-six dollars for fifteen gallons of the blackberry wine. 
I told him I could not stand such a price as that. He said that 
if I had not the money, Captain Hall says he will lend you the 
money. I made a reply. I declined to take the wine. He 
left suddenly, and I have not seen him or heard of him since. 
I did not suppose that Captain Hall was bringing or dealing 
in it, but supposed he knew of all the facts. If it had been the 
sort of wine represented, I suppose I should have had no sus- 
picion of any one. This is all in reference to that. I had con- 
versation with Captain Hall, and he spoke to me as though lie 
had controlling power over this establishment. It was a plain 
fact that it was sold at the sutler's store. I have heard him 
say at a recent date, that he would have another establishment 



55 



stopped. Captain Hall told me that he and Colonel Porter 
and Captain Forsyth were the only men I had to confer with 
about such matters. I addressed Captain Hall written com- 
munications upon the subject at his own request. So far as I 
know, the sale of liquors has been stopped." 

Cross-examined by Capt. Hall. 

" The shop near which I have seen liquor drank was one in 
the immediate vicinity of my hospital. Don't know who kept 
it. It was not Hall & Pond's. I never saw any liquor drank 
about their shop. I went to the sutler's store of Hall & Tond 
to ascertain whether they had an intention to have any liquor 
in the establishment. I did not see any liquor in the establish- 
ment. I think he (Mr. Hall) told me he could get it for me. 
This inquiry was made in reference to liquors generally. I 
then told him I wanted good wine for hospital purposes. He 
then produced this man. It was at his own establishment that 
he was to take the wine and store it. I did not want the wine 
kept. When he told me that Capt. Hall would lend me the 
money, I told him that I had followed him just as far as I 
wished to — meaning as to the character of the man — and that 
he, the man, was an impostor, a seller of villainous contraband 
liquors. I made some remarks, that while we had an enemy in 
front that our men were manfully resisting, we had those in the 
rear murdering them. I told him I believed this. I further 
said that he and Mr. Hall and Capt. Hall, or any one else who 
should be concerned in it, should be brought to justice. This 
was about dark, and he jumped quickly up and went off. I 
told him to give Capt. Hall my compliments, and tell him I had 
plenty of money, and did not want any for my purposes. I 
made the remark because that Capt. Hall had said that he 
would lend me the money; it made me speak as thoug-h lie was 
interested in the sale. The man said he would furnish the 
place with as much wine as we wanted." 



56 

Q. by the Court. " In what way, if any, do you implicate 
Capt. Hall in any of the transactions referred to ? " 

A. " In no way, excepting as his name is mentioned in my 
testimony." 

Q. by Capt. Hall. " You say in your letter that ' I was 
feasted, feted, and champagned.' By whom were you so 
i feasted, feted, and champagned ? ' " 

Objected to by the Judge Advocate. The Court rules that 
no question can be asked about the letter except as to the con- 
nection of the allegations or inuendoes of the letter with Capt. 
Hall himself, and the circumstances relating to the matter of 
the wine. 

A. " In the statement that ' I was feasted, feted, and cham- 
pagned,' I did not in any way allude to Capt. Hall. In the 
statement that ' I was invited to come round anytime,' &c., to, 
and including, ' as no business was doing then,' I did not allude 
in any way to Capt. Hall. In the statement that ' I concluded 
that Bacchus and Shylock were in partnership,' I did not intend 
in any way to refer to Capt. Hall. In the statement, I did not 
intend to charge Capt. Hall with conniving with drunkenness. 
I thought Capt. Hall had the means of preventing the drunk- 
enness at the post. I thought Capt. Hall might prevent it, as 
he had the charge of transportation; and in the case mentioned 
in my testimony about the wine, had the knowledge that wine 
was brought here for sale. I think that, if a vessel lay within 
two miles of here with fifteen barrels of wine on board, Capt. 
Hall ought to know it, being as it is within his province. I do 
not know whether or not that was a public vessel. I don't 
know whether the vessel brought public stores here or not. I 
do not know that a vessel did lie within two miles of here. I 
do not know that Capt. Hall had any knowledge of the wine 
affair at all. I have nothing but the statement of the man who 
had it for sale. I did not allude to Capt. Hall in the reference 



57 

to the practice of bringing women here of ill repute. I do not 
know exactly whether communication No. 2, dated February 
26th, alluded to Capt. Hall in any way, directly or indirectly." 
Court adjourned till 9| o'clock a. m., March 21st. 

March 21, 1863. 
Court met at 9J a. m. 

^Benjamin Bishop, sworn : 

" I was at Aquia Creek in the employ of the Quartermaster's 
Department under Captain Hall, from about the 10th of De- 
cember last, to the 6th of March. I have no knowledge of the 
fact that Capt. T. E. Hall, or any other person in his depart- 
ment, did, in January last, or at any other time, permit the trans- 
portation, at Government expense, of private property intended 
for sale, or that Capt. Hall, or any person in his department, 
did knowingly permit any Government steamer placed under 
Capt. Hall's direction, to transport private stores to or from 
Liverpool Point or Aquia, on a Government barge or tug to be 
used for similar purposes between Windmill Point and Aquia, 
or that Capt. Hall received pay for such transportation, or that 
Capt. Hall did ever permit a Government tug to tow a private 
vessel, or that any private vessels were towed by any Govern- 
ment boat in charge of the Quartermaster's Department. I 
have no knowledge of any building at Aquia Creek being put 
up at Government expense intended for or used as a sutler's 
store, or that Capt. Hall did ever furnish any facilities to his 
brother as a sutler, or become interested in any sutler's business, 
or that Capt. Hall at any time knew of, or aided in, any at- 
tempted sale, through a sutler or otherwise, of liquor. I have 
no knowledge of anybody here or elsewhere ever having bribed 

*See, in Appendix, Colonel Baker's letter to Colonel Thompson. 



58 



or attempted to bribe a telegraph operator to suppress or alter 
messages. I heard the rumors currrent here about steamers 
having crossed with sutlers from Liverpool Point, but never 
heard anything which would tend to connect Capt. Hall with 
the transaction." 

Cross-examined by Capt. Hall. 

"I was here as an agent of Colonel Ingalls, in the Quarter- 
master's Department. Capt. Hall requested me to see the 
captain of the 'Eagle' about the Liverpool Point matter, for the 
purpose of investigating the facts fully. My quarters were 
nearer the wharf than those of Capt. Hall. I did not see or 
hear the wagons when they came off from the boat the night 
they were said to have been ferried over. I did not discover 
what was going on that night; never heard of it till afterward*. 
Perhaps I may have heard the wagons move over the wharf, 
but if I did, I did not suspect anything, for it was not uncom- 
mon for troops and their transport wagons to be landed in the 
night." 

March 21, 1863. 

James Hand, sworn: 

Statement of Firman Hand. 

" I am now acting as pilot of the steamer ' Wilson Small,'" 
Government boat. On the 1st of January last, I took charge 
of the ferry boat ' Tallacca,' at Aquia Creek. I know Mr. 
Craig. He was then harbor master at Aquia Creek, in the em- 
ploy of Capt. T. E. Hall, then assistant quartermaster at Aquia 
Creek. I got my orders from Craig. I was captain of the 
' Tallacca.' I sometimes get written orders for special work 
witli the boat, from Capt. Hall, but for the usual harbor work 
my orders were always from Craig, and verbal. About the 
middle of January last, Mr. Craig came on board my boat, then 



59 

lying in the stream, and gave me an order to go to Liverpool 
Point and bring over to Aquia Creek a load of wagons; it was 
then about 8 o'clock p. m. I did go to the Point, as ordered by 
Craig, and took on board my boat eight or ten wagons and 
teams; they were all loaded sutlers' wagons. I carried them 
over and landed them at Aquia Creek. 

After the wagons were landed, James Evans, a clerk and em- 
ployee of Capt. T. E. Hall, at Aquia Creek, came on board 
and asked me where I had been. I told him, and he then said. 
' You must not go over there any more.' 

" At this time, Craig was on the boat, but not present with 
Evans and myself. After the directions given me by Evans as 
aforesaid, he (Evans) left me, and, as I have been informed, had 
an interview with Craig. A short time after he (Evans) left 
me, he (Evans) returned and said to me, ' If Mr. Craig orders 
you to go to Liverpool Point again, you can go; it will be all 
right.' A few minutes after this, Craig came to me and said: 
' Captain, you will have to go back to Liverpool Point again, 
and I will go with you myself.' 

" I went back again with the boat the same night to Liver- 
pool Point, acting under the orders of Craig. Craig and Evans 
went along, also a man by the name of Seager, whom I knew as 
a Government employee at Aquia Creek. After we got to Liv- 
erpool Point, there was a difficulty and quarrel between Craig 
and Evans, but after some time it was settled between them, and 
then we took eight or ten more sutlers' wagons and teams. 

"Before we left Liverpool Point, I was in the cabin, Craig 
and Evaus were also there, and eight or ten persons unknown 
to me, but claiming to be the owners of the wagons and teams 
we had taken on board. These persons were all in citizens' 
dress, and were mostly Germans. I saw Craig at this time 
receive money from the strangers I have mentioned. Evans 
stood by and saw the money paid. I don't know how much 



60 

was paid, but I heard one of the strangers — a sutler, as I sup- 
posed — say that he had paid $150 to have five wagons crossed. 
On the way over to Aquia Creek, while I was in the pilot house 
steering the boat, Craig came to me and said: ' Captain, how 
many men have you on this boat ? ' I replied: ' Seven, all told.' 
He (Craig) then said: ' I have given your men twelve dollars;' 
and reaching out his hand towards mine, said further, ' Take 
that,' offering me some money. I said: ' Who is this from?' 
He (Craig) said: ' I give you that,' and placed the money in my 
hand. I told him that I had no right to receive money; that I 
worked for Government. He (Craig) said: ' Take it; it don't 
come out of my pocket; it's all right; I'm doing well enough.' 
The amount he gave me was three dollars, which I kept. On 
the way over, one of the strangers on board, dressed in citizen's 
clothes, came up to the pilothouse and said to me: ' Captain, do 
you ever drink anything?' He then drew the cork from a bot- 
tle which he had with him, and, drinking first himself, handed 
the bottle to me. I took the bottle and set it down and kept 
it. This man was a German. He told me that he had whiskey 
and wine in his wagons on board the boat, but that he could 
not get at the whiskey. I took the wagons and teams over to 
Aquia Creek, and landed them there." 

"Washington, March 20, 18G3. 

his 

(Signed) "Firman X Hand." 

mark. 

Witness: 

(Signed) N. C allan. 

Sworn and subscribed before me this twentieth clay of March, 
1863. 

(Signed) N. Callan, J. P. 

Cross-examined. 

"I had an order placing the 'Tallacca' under the charge of 



61 

Mr. Clapp, forage master. This order was from Capt. Hall. 
I was captain of the ' Tallacca' at the time. I after that had 
an order from Mr. Clapp, placing my boat in charge of Mr. 
Evans. I also understood that I was under the orders of Mr. 
Craig, harbor master. Camp, a detective, served a subpoena 
on me yesterday. I was taken in charge by Mr. Camp. He 
took me from Alexandria to Washington, before Colonel Baker 
at his office. I was not detained as a prisoner. 

Camp says we don't generally let men go, but I will trust 
you, as you are an honorable man. I was to report to Colonel 
Baker at 6 o'clock p. m. Colonel Baker took my word that I 
would report this morning at the foot of 6th street wharf. I 
did so in the morning, and said to Mr. Camp, 'I am your 
prisoner, take me where you please.' He referred me to Mr. 
Lee. Mr. Lee brought me to the creek and delivered me to 
Capt. Hall's office. I don't know of anything that connects 
Capt. Hall in any way or manner with the transaction with the 
sutlers. I have not the least idea from what I knew then or 
have since learned that Capt. Hall was interested in the trans- 
action, or that he knew of it." 

Adjourned to meet in Washington, D. C, this evening. 

March 22, 1863. 
Court met in Washington, D. C. 

James E. Fakrel, sworn : 

"Reside in Belleville, New Jersey. I am caterer to General 
Birney's staff mess. Have been so employed since May last. 
This is the 1st Division, 3d Corps. On the 12th, or before, of 
December last, I was on a Government transport, running be- 
tween Washington and Aquia Creek. This was the 'Wilson 
Small.' I saw on that steamer some baker's tools, ovens, stoves, 
&c, marked ' Capt. T. E. Hall, A. Q. M.' There was a num- 



62 

ber of stoves on board, large and small; some camp stoves; 
also a stove used by a baker, or suitable so to be used. There 
were also six arch ovens, such as are used in camp for baking 
on a large scale. They were all marked ' Capt. T. E. Hall, 
Aquia Creek.' I saw them landed. I did not see them again 
until about six days after, I think. I saw them after that time 
at Falmouth, in possession of Henry Robinson. He is a baker 
from New York. He was baking at Falmouth when I saw the 
ovens there. He is not, nor was he at that time, attached to the 
army. He was conducting a bakery on his own account, and 
sold to an} r person who applied. Robinson put those articles 
on the wharf himself at Aquia. I saw him do it. I knew he 
was a private baker from what he told me. He said he was 
going to establish a bakery at Aquia Creek, and showed me 
the place where he was going to establish it. He finally went 
to Falmouth, and established a bakery at a place near to Gen. 
Birney's Headquarters. I bought bread of him myself for Gen. 
Birney's Headquarters, for twenty-five cents for eighteen ounces. 
1 know those to be the same ovens from the fact that he told 
me so, and if I am not much mistaken, the marks were on them 
at the time. On or about the 20th of February last, I took to 
Aquia Creek some stores for Gen. Birney's Headquarters; 4 
barrels of private stores. They were marked 'Brigadier Gen- 
eral Birney's Headquarters, Stoneman's Switch.' I had an 
order for them from General Birney. I was asked to show 
that order by Capt. Forsyth, Provost Marshal. I landed them 
in the store house — a Government building. I left them there." 
" When I went after them I found only two barrels ; after- 
wards I found one other barrel. I applied to the sergeant of 
the guard to know where the other two were. He said they 
must be there, but I could not find them. I applied to Captain 
Gardner, who had charge of the storehouse, and has now, or 
had last Tuesday. Captain Gardner took a look with me. 



63 

We did not find them. I began to despair of finding them. I 
remarked that it was strange that things should be lost, and 
no parties know anything abont it ; that the week previous, a 
bale of hops and a barrel of malt, for General Birney's Division 
bakery, had been lost, and that that, with the loss of his pri- 
vate stores, would irritate the General unless they were found. 
( laptain Gardner said, ' Do you belong to the same headquar- 
ters that the hops and malt do? ' I told him ' Yes.' He then 
says, * I think I can find them; come, go with me.' I Avent 
with him to a sutler's stand opposite Captain Hall's quarters, 
very near where they issue fresh meat. I think the name is 
Ranney. I have his name in my memorandum book. He is 
the sutler of the 21st N. Y. I found one of the missing bar- 
rels. It was ordered back by Captain Gardner, but it did not 
come. Captain Forsyth, on the afternoon of the same day, 
ordered it back, but it did not come. The order was to return 
it to the storehouse. I waited until six o'clock, and did not 
see it returned. "When the six o'clock train was about to start 
I was going on it, when Captain Forsyth told me I must make 
the sutler settle with me for the missing goods. I answered, 
' I have no power to do so.' He insisted, and so I went to the 
sutler, and lost the train by that means. I did not see the sut- 
ler, but on the next day Captain Gardner tendered me three 
dollars in payment of the missing barrel. I told him I ought 
not to take it. He insisted, and ordered me to take it, and 
then I did, and put it into my pocket. The barrel Avns worth 
six dollars. It was a barrel of apples. I then applied to Cap- 
tain Hall for transportation. It was refused for two days, 
until the evening of the second day. I was detained Avaiting 
for transportation two days, and finally got it., The malt and 
hops have, within a feAv days, been found at Stoneman's 
Switch. Captain Gardner has charge of the store house and 
goods not on bill of lading, and had at that time." 



64 

Cross-examined by Captain Hall. 

" Don't know where Robinson is now. The bakery is not 
conducted by Mr. Robinson now. I saw him about six days after 
the battle of Fredericksburg. I counted the ovens ; there 
were six. They were stored in the starboard gangway for- 
ward. They were marked ' Captain T. E. Hall, Aquia Creek.' 
The mark was on the side of the oven that was up. I will not 
swear that I saw more than one of the ovens marked, yet I am 
under the impression that they were all marked. They were 
marked with white paint, oil paint. I next saw them at Fal- 
mouth, six days afterwards, in operation. Can't tell how long 
they had been in operation. The ovens were placed on a pier, 
with a hearth laid, and the ovens placed on the hearth, and an 
arch turned over the ovens. I saw six of them there. The 
arch is made of brick. This arch is four inches thick. The 
bricks were laid in clay. I saw them taken down and moved, 
and reset a day or two before the battle of Fredericksburg. I 
went near them. I don't mean to say that at this time I saw 
the marks on them. 

I applied to Captain Hall personally for transportation. He 
told me I could not have it. Gave no reason. Having got 
my ticket for the transportation, I applied to Captain Hall for 
his signature. He remarked he could not give me transporta- 
tion. This was on the day following the day the goods arrived 
here. I applied in the morning of one day — this was Friday — 
and got the transportation on Saturday. I know from the al- 
manac that it was on Friday, the 20th February, that I applied 
to Captain Hall for transportation." 

Q. by Captain Hall. " Have you been arrested and held in 
custody by Colonel Baker's officers as a witness in this case ?" 

Objected to by the Judge Advocate. Objection sustained by 
the Court. 



65 

;< I first made the statement to Colonel Baker. This was 
yesterday afternoon." 

" Q. by Captain Hall. " Where and with whom have you 
been since the statement was made in Colonel Baker's office V 

Objected to by Judge Advocate. Objection sustained by 
the Court. 

% Q. by the Court. " Do you know a firm by the name of Hall 
& Pond, at Aquia Creek ?" 

A. "I do not." 

Charles Cheney, sworn : 

Statement of Charles Cheney.* 

"I am now a resident of Alexandria, Ya. Am engaged 
in baling hay. On or about the 23d of November last I went 
to Aquia Creek with the intention of establishing myself 
there in business as keeper of a saloon and restaurant. I 
applied to Captain T. E. Hall, Acting Quartermaster, for 
permission to open a saloon ; he, Captain Hall, told me I was 
too late, that the place was already occupied. I then called 
on Captain W. W. Wright, Superintendent of Railroad 
Transportation at Aquia Creek; he told me that he could 
not help me in the saloon matter, but that he, Captain 
Wright, was about putting up a building as a boarding 
house for the railroad employees, and he would give me that. 
I did not then determine to accept his proposition, but the 
next day I again called on Captain Wright at his office at 
Aquia Creek. We talked over the matter of the boarding 
house, and after a little time Captain T. E. Hall came in. 
Captain Hall then proposed making a joint affair of putting 
up the boarding housebuilding between him, Captain Hall, 

* See first affidavit of witness in Appendix. 



66 

and Captain Wright. After the expression of some doubts 
and great reluctance by Captain Wright, he finally assented 
to Captain Hall's proposition. Captain Hall then said to me, 
'If you will take this, there's a good thing in it. I will fur- 
nish you the rations for my men, and you will board them, 
and charge each man $1.25 per week, to compensate you for 
the extra provisions furnished.' He also said he would fur- 
nish me transportation for the articles, provisions, &c, I 
should need, and give me the privilege of selling to out- 
siders. I then told him that if he would allow me to keep 
a saloon in the building, I would accept the proposal, and 
also furnish the dishes for the use of the house. Captain 
"Wright was present at this conversation, and assented 
thereto, with the understanding that the same agreement as 
to board and pay of $1.25 per week was to apply to the men 
in his employ. The day after this agreement I left Aquia 
Creek and went to Baltimore, and there purchased crockery 
and other articles for the said boarding house, to the amount 
of about $365, which I sent to Washington, and shipped 
from there to Aquia Creek by Government transportation, 
addressed to care of Captain Hall. My son went to Aquia 
Creek in charge of the said goods. I was prevented from 
going with him by the death of a member of my family, 
which compelled me to visit Pittsburg, and while there I 
received a telegram from my son at Aquia Creek, to ' come 
immediately back, that Captain Hall would not fulfil his 
agreement, or allow us to sell any goods.' On the 4th of 
December, 1862, I arrived at Aquia Creek, and took pos- 
session of the building which Captain Hall and Captain 
Wright had put up for a boarding house, and that night I 
gave the men their supper. I had provided but a limited 
amount of extra provisions, and I was soon compelled to call 
on Captain Hall for transportation for my supplies. He kept 



67 

putting me off from day to day, so that I had nothing to use 
for the house but the men's rations. I finally told Captain 
Hall that unless he gave me the transportation he had agreed 
to I must give up the house, as I was losing money every 
day. Captain Hall then gave me a letter to Major Rhine- 
hart, at "Washington, to assist me in getting transportation 
for my supplies for the mess house at Aquia Creek, and 
another to the same effect to Captain Ferguson, at Alexan- 
dria, in both instances asking compliance with his request 
as a personal favor. I then went to Alexandria, and deliv- 
ered the letter to Captain Ferguson, at the same time show- 
ing him the letter to Major Phinehart. After a good deal of 
hesitation Capt. Ferguson agreed to comply with the request 
of Captain Hall. I then hired a schooner, and loaded her 
with produce and provisions, and it was towed to Aquia Creek 
by a Government tug. Upon my arrival there, I sent part of 
my cargo to the boarding house for use, and sold the bal- 
ance to Hall & Pond, sutlers at that place, and other persons. 
Afterwards I brought to Aquia Creek three cargoes in the 
same schooner of produce and provisions, getting a tow each 
time from the Government tug, and disposed of said cargoes 
in the same manner as I had the first. Such sales to the said 
Hall & Pond amounted in the whole to from $1,200 to 
$1,500. After keeping the boarding house aforesaid twenty- 
two days, to the 26th December, Ifound I was losing money 
by the operation, and sold out my interest to a man by the 
name of Saterlee for $345. I was to supply the rations for 
the men until the 1st of January. 

" I further state that notwithstanding the agreement afore- 
said, giving me the privilege of keeping a saloon in the 
boarding house building, I was not allowed to do so, having 
been notified by the provost guard to close the said saloon. 
After the sale to Saterlee, I had on hand a considerable 



68 

quantity of produce, provisions, &c, which I was anxious to 
dispose of at Aquia Creek, and I went to Captain Hall and 
asked him to permit such sale, telling him at the same time 
that if he, Captain Hall, would' allow me to make such sale 
I would pay him, Captain Hall, $100. I inferred from Cap- 
tain Hall's manner that I might sell, and did so; and after 
disposing of such produce and provisions by sale at Aquia 
Creek, I called at the office and gave Captain Hall $100, 
according to my promise. 

" I also further state that of the whole amount due to me 
for boarding the men in the employ of Captain Hall and 
Captain Wright for the term of twenty-two days, according 
to the agreement before mentioned, amounting in the whole 
to at least $1,700, I have received not to exceed the sum 
of $30. 

" (Signed) Charles Cheney. 

"Washington, March 19, 1863." 

" District of Columbia, 

City of Washington, to wit: 

"On the 19th of March, 1863, Charles Cheney, who has 
subscribed the above statement, personally appeared before 
me and made oath according to law that all the matters and 
things therein set forth are just and true to the best of his 
knowledge and belief. 

" In testimony whereof, I have hereunto subscribed my 
name, and affixed my notarial seal. 

" (Signed) James H. Caustin, 

"Notary Public" 

" The paper now read to me, and subscribed by me, dated 
19th March, 1863, is a true statement, except in the particu- 
lar that I afterwards brought to Aquia Creek three cargoes 
in the same schooner. One of the cargoes was in a different 



schooner. In all other respects the statement is correct." 
The statement then read (marked 'Exhibit 19 ') was by con- 
sent taken as the direct testimony of the witness. 

Cross-examined by Captain Hall. 

"Captain Hall did not tell me who had occupied the place 
for a saloon. I am positive in regard to keeping a saloon. 
His answer was, that there would be no objection to my 
keeping little things inside the building. There was nothing 
said as to what I might keep in the inside of the building for 
sale. I am also positive that Captain Hall and Mr. Wright 
agreed to the proposition that I should charge the men $1.25 
per week in addition to the army rations. It was the prop- 
osition that I was to sell meals to outsiders, when it could be 
done without interfering with the Government employees. 
It was not designed to sell articles to outsiders to carry 
away. It was to be an eating saloon, and not a sutler's 
shop. At the time I shipped the crockery to Aquia Creek, 
marked ' Captain Hall,' I also shipped a small quantity of 
provision. This provision consisted of butter, cheese, 
tobacco, and, I think, some apples and cigars. I packed a 
part of the goods, and my son packed a few more and 
shipped them from Alexandria. 

"I don't recollect that I remonstrated with Captain Hall 
upon the non-fulfilment of his part of the contract when I 
returned to Aquia on the 4th of December. I did not apply 
to Major Rhinehart for transportation, but to Captain Fer- 
guson, A. Q. M. at Alexandria. This is the paper shown 
to Captain Ferguson, upon which I received transportation. 
(Paper shown, and offered as evidence, marked * 'Exhibit 
21.'). The endorsement upon the back of this paper was 

*See Appendix. 



70 

made by Captain Forsyth, Provost Marshal. This was made 
upon my solicitation aud in my presence. 

" I commenced bringing those schooners down about the 
17th of December. The first load was unloaded in about 
four days. The second cargo came down in about a week 
from that time. It took me about ten days to unload the 
next cargo from the time that it arrived. I went immedi- 
ately back after another, and returned in about four days. 
By about the 11th or 12th of January, I had unloaded this 
cargo. These goods were immediately intended for the 
mess house. I do not know at whose instance I was pre- 
vented from keeping the saloon in the boardiug house. 
About the loth or 16th of Januaiy, I applied to Captain 
Hall for permission to sell out the goods at the creek. I 
don't recollect the exact words used when I applied to sell 
the goods at Aquia Creek. Captain Hall assented by a 
mere nod of the head, as though he was studying. He was 
sitting at his desk. I think other persons were in the room. 
I was sitting alongside of him. I think he had been writing 
at the time, but pushed back from the seat. He had been 
writing at the time I was talking to him, and was looking 
towards me. Upon that, I proceeded to sell out the goods. 
At the time I paid Captain Hall the $100, the money was 
done up in a small parcel. I don't recollect what was said 
at the time. Captain Hall asked what that was. It was a 
package done up in a newspaper. I said it was a present for 
the Home Missions or something to that purport. I don't 
recollect about its being said that it was for the benefit of 
the employees, and I don't think I said so. When I said 
that it was a present for the Home Missions, I don't recol- 
lect that he made me any direct answer. I went immedi- 
ately away from the creek. Did not see Captain Hall after 
that. I left on the 25th of the month. I mean that I did 



71 

not meet Captain Hall, except that I met him afterward and 
asked him about the mess house, and he said he had given 
it to Beebee. Those goods from the schooner were landed 
on the shore, and not on the wharf. This did not in an} T 
way interfere with the landing of public stores, or with the 
public service. I landed them with my own men. 

" There were parties in the room when I paid the money 
to Captain Hall. One was Captain Johnson. The others I 
don't know. Captain Hall took the money in his hand. He 
did not open the paper in my presence. He had it in his 
hand when I left. It was paper money, and two small 
checks payable to order, and batik bills on various banks 
and of different denominations. One of the checks was for 
$25. This was a Quartermaster's check, drawn to order. I 
don't recollect whose order — or else to bearer. It did not 
require endorsement. The other was a check for $7.75, of 
the same character. To make it even, . I put a twenty-five 
cent postage currency, to make even dollars, then put in 
$67 in bank notes." 

Adjourned. 

March 23, 1863. 

Court met, and adjourned to meet at Aquia Creek, March. 
24th. 

March 24, 1863. 
Court met pursuant to adjournment. 

Lieutenant J. E. Ramson, sworn: 

" I belong to the 21st K Y. V. Am First Lieutenant. 
Have been and am now on duty on the railroad between 
Aquia Creek and Falmouth. Have been on such duty from 



72 

about the first of February to the present time. During 
that time I have seen apples carried over the road every day 
for several days, in charge of apple boys. They were in 
quantities of two or three barrels at a time, purporting to 
belong to two persons, one Fisher, who had been a news- 
boy, about 16 or 17 years of age, perhaps ; and some to a 
man who said he was brakeman on the road. On two 
occasions I saw those apples sold by the parties who had 
them in charge at Falmouth. A man carried cakes and pies 
over the road about the same period, on the same occasions. 
I don't know who the man was. He was a citizen. He 
had two barrels of cakes and pies. They went to either 
Falmouth or Stoneman's. I did not see him sell them. 
This was repeated three or four times. The man who said 
he was a brakeman had a permanent pass from Mr. Wright 
• — the usual railroad pass. The other, who used to be a 
newsboy, had Gem Sumner's pass. The man with cakes 
and pies had a regular pass. I can't say whether permanent 
or not. They gave no authority to transport goods. They 
may have said that they were for the purpose of procuring 
goods. These practices were stopped very soon after I went 
on the road. I think these goods were bought at the creek. 
The pies I know were bought at the creek. I think the 
apples were. I think the cakes were also." 

Cross-examined. 

"The shop where the pies, and, I think, where the cakes 
were, was near the railroad track. It has since been taken 
down. I do not swear that the pies were bought at the 
creek, but I so believe. I don't know the names of any 
other parties except Fisher." 

Richard M. Black, sworn: 

" I am and have been, since the 18th of December last, 



73 

clerk in the Quartermaster's Department here. I have often 
seen boxes of bread and barrels of the same in considerable 
quantities, perhaps two or three at a time, on the wharf. 
Have seen it once or twice a week. Have no definite knowl- 
edge of how long a time. This was in the latter part of 
December or first of January. Don't recollect that I ever 
told Mr. Henry anything about it. This was being deliv- 
ered from the mail boat. I don't know of any goods coming 
on the 'Carrie Martin' for Capt. Hall. I have never seen 
goods marked to Capt. Hall taken to Hall & Pond's store. 
I never recognized any goods in the store of Hall & Pond. 
I don't know of any goods being brought here by the ' Car- 
rie Martin' marked for Hall & Pond, or being sold by the 
' Carrie Martin.' " 

Willis Martin, sworn : 

"I am the captain of the ' Carrie Martin,' and have been 
since the 4th of December, 1862. She reported here the 
10th of December, to Capt. Hall. She has been employed 
as a despatch boat, subject to the order of the Quartermas- 
ter, Capt. Hall. I was absent from the boat from the 16th of 
December until the 18th of January, in which time she was 
in the charge of Mr. Whitney, under the directions of Capt. 
Hall. About the 19th of February, the 'Carrie Martin' 
brought down a quantity of boots, blankets, and bread, rep- 
resented so to be — I should think some eight or ten boxes, 
altogether — addressed to Mr. Pond. Capt. Hall was absent 
at the time. They were landed upon Mr. Holland's — chief 
clerk — representing to Capt. Johnson that they were ordered 
to be brought by Capt. Hall for the men. When the ' Carrie 
Martin' came to report here, she brought a quantity of po- 
tatoes and apples, intended for her own use, and also for use 
of other boats in the service of the Government belonging 



74 

to the same owners. The other boats were the 'John 
Brooks,' ' Long Branch,' and 'Matamora.' We did, as I 
understood, distribute to the 'John Brooks,' and I did to 
the ' Long Branch.' They were not intended for sale on 
the shore, but were to be charged to the accounts of the 
different boats. 

"I was not here when Mr. Camp made a seizure on board 
the ' Carrie Martin' of potatoes or other goods. I don't 
know of any other goods being brought here on the ' Carrie 
Martin.' No goods were ever sold from any boat, to my 
knowledge, except two barrels of apples to my friend, the 
captain of the 'SethLowe,' a Government steamer. They 
were sold as a personal accommodation. 

"I understood thatD. T. Whitney went home to Hudson, 
New York. He is not now on the boat." 

Cross-examined. 

"When the boots, blankets, and bread were brought down, 
it was not to the detriment of the public service. The boat 
was not detained for the purpose of loading, unloading, nor 
was the boat cumbered with the freight." 

Second Lieutenant John McColn, sworn : 

"Belong to the 21st New York Volunteers. Have been 
on duty on the railroad for the last six weeks. I have seen 
on the cars apples belonging to boys, when the train was 
going south. Can't tell who they belonged to, except that 
they belonged to the boys. Have seen apples on the cars 
five or six times in quantities of two and three barrels. 
Never saw them sold. They were landed at Falmouth and 
Stoneman's Switch. Did not notice as they were marked 
or directed to any body. Don't know where they got them. 
The boys had the ordinary passes for travelling. Don't 



75 

recollect that anything special was on their passes. Have 
seen nothing of the kind within a month. I don't think 
this transportation was in any way to the detriment of the 
public service. Never saw any of those apples given to the 
officers or employees on the road. Never saw pies and cakes 
go down in the same way." 

Cross-examined. 

"The transportation of such apples was stopped about the 
time General Sumner was relieved, I believe." 

Exhibit 22, admitted by Captain Hall as testimony of John 
H. Bennett, it being understood that the statements therein 
are not all admitted as facts. 

Statement of John H. Bennett. 
" I have been a resident at Aquia Creek. I was in the 
employ of Captain T. E. Hall, Post Quartermaster at that 
post. I acted as general agent of the Quartermaster's De- 
partment. In the early part of *February last, while I was 
so acting and employed by Captain Hall, I received from a 
Mr. Merriam an order from Captain Hall, as Quartermaster, 
to deliver to the bearer one ton of Government coal. The 
same day that I received this order, I sent out a tug to the 
vessel having the coal on board and got the coal ordered, 
which was delivered on the wharf, and afterwards taken 
away by Mr. Beebee, proprietor of a boarding house and 
restaurant at Aquia Creek, where the men in Government 
employ got their meals. The Mr. Merriam who delivered 
me the order for the coal was a clerk in the private employ 
of Mr. Beebee. And the said Beebee, to my knowledge, 
received and carried away the said coal so delivered by me 
on the said order of Captain Hall, Quartermaster, as afore- 
said. 

"Washington, March 18, 1863. 

" (Signed) , Jno. H. Bennett." 



76 

" Sworn to and subscribed before me, tbis 18tb day of 
March, A. D. 1863. N. Callan, J. P." 

C. C. St. John, sworn for the defence : 

"I am a boatman, captain of the schooner Pawnee. It 
is not a Government boat. I came here with my vessel. 
She was unloaded on the night of the 5th. She was loaded 
with hay on account of J. Burns, a hay contractor. I was 
employed with my vessel by him. I had some wine and 
apples on board, and some cigars, which I brought for Hall 
& Pond. These things were on my manifest, and the ves- 
sel was regularly cleared through the Custom House. I do 
recollect having: a conversation with Dr. White the Post 
Surgeon, about that wine. I first saw Dr. White in the 
store of Hall & Pond. Dr White came in while Mr. J. L. 
Hall and I were together. We had at that time conversa- 
tion about the wine. Hall told the Doctor that I had some 
grape and blackberry wine. The Doctor said he would like 
to have some for the hospital, and requested me to send a 
sample ashore. The Doctor wanted Hall to store the wine. 
The Doctor first suggested this himself. He said he had 
not yet got the hospital arranged so he could store it. He 
wanted Hall to take and pay for the wine, and as soon as 
the hospital was arranged he, the Doctor, would take and 
pay Hall for the wine. I then brought a sample of the 
grape and blackberry, and I think Hall took it to him. I 
saw the Doctor in the tent, and he said he would like the 
wine, that he had tasted the sample and pronounced it gen- 
uine. He said he would take one keg of twelve gallons of 
grape wine, if he could get it stored. Said he did not want 
the blackberry. The Doctor told me to go to Hall and 
speak to him about the storage. Hall refused to store it, 
or pay for it, or have anything to do about it. I reported 



77 

this to the Doctor. The Doctor said if he could not get it 
stored I would have to take it away. When I notified the 
Doctor that Hall would not store the wine, he was lying on 
the bed. The Doctor said that he inferred from what Hall 
said when we were in the store, that Hall would take the 
wine and store it and pay for it. 

•' I think this was about all that was said. Think I made 
the remark, that if Hall would not store it and pay for it, 
perhaps some other parties would take it, and store it, and 
pay for it. I then left him, and went aboard. I think I had 
thirty-seven cases, and one barrel of blackberry wine, and 
some twelve gallons of grape wine in a keg. I did not tell 
the Doctor that I had fifteen barrels of w.ine on board. I 
did not have that amount or half of it. The sample that 
the Doctor tasted was the same as that in the casks which 
were in the boat. The Doctor did not make any remarks 
about the blackberry wine, it was not what he wanted. 
Did not say anything about the quantity. I delivered to 
the Doctor no message from Captain Hall. He sent him 
no message. I think I made the suggestion to the Doctor 
that perhaps the Quartermaster would store it and pay for 
it for him, until he could get his place ready for it. I did 
not hear any abusive language from Dr. White at all. He 
expressed a little regret that Hall would not store the wine. 
He said nothing about smugglers, peculators, or plunderers 
of the Government. Dr. White was lying down all the time 
during the conversation. I did not go out 'with the agility 
of a rabbit.' " 

Cross-examined by Judge Advocate. 

"The Doctor did not say anything about villainous com- 
pound." 



78 

Augustus B. St. John, sworn: 

" I am a seaman, mate of the schooner Pawnee. Have been 
so more than two years. I was with the vessel, when she 
came here about the 6th of February. I recollect while here 
of bringing some wine to the shore, from the vessel, in a 
small boat. I brought it to shore by order of the captain 
of the schooner, and staid in the boat and watched it. 
While in the boat an officer of the provost guard came to 
see the wine, also the chief surgeon. He came down and 
asked if that was the wine. I told him it was. He wanted 
to know if he could taste it. I told him, I had samples of 
each in different bottles. I then passed him out the bottles, 
and he tasted them both. lie said they were both nice, but 
the blackberry was preferable. Then he said, 'if Mr. Hall 
will take it for me, I will take the keg.' This was the black- 
berry. He did not taste of any except what was ki the bot- 
tles. When I passed him the bottles, I told him the black- 
beriw came out of the keg. 

" I can't swear, but positively think that I took none out 
of the keg for him to taste of. He expressed no dissatis- 
faction with the wine whatever." 

Joseph S. Thompson, recalled by Capt. Hall for defence: 

" The lumber spoken of as having been loaned to Hall 
& Pond from the Quartermaster's Department has been 
returned. It was of equally good quality as that borrowed. 
He pronounced it better. I so consider it. There was some 
700 feet over what was borrowed. I received the whole of 
it and placed it in the Quartermaster's building." 

Cross-examined. 

"Hall said he wanted to get enough to pay for tallying it. 
This is why more was returned than was borrowed. The 
Assistant Quartermaster's employees tallied it when it was 



79 

lent. This lumber was brought here in a schooner, a sailing 
vessel. It was landed in a pontoon boat belonging to the 
Sanitary Commission. It was not landed by Government 
employees." 

J. E. Merriam, sworn for defence : 

" In the early part of February last, I was employed in 
the Quartermaster's Department here. I think I was not 
discharged till about the last of that month. I was super- 
intendent of the Government mess-house. I recollect having 
an order from Capt. Hall, through the clerk, to get some 
coal from a Government vessel in the earl}'' part of February. 
I think I applied to Mr. Bennett for the coal. He was there, 
and, I think, assisted me in getting it. It was all used for 
the Government mess-house. We had no other fires in the 
building." 

Adjourned to 25th inst., at 9J A. M. 

March 25, 1863. 
Court met. Present, all the members except Major 
Stoughton. 

Col. John G. Todd, sworn : 

" I am Colonel of the 25th N. Y. Vols., and Provost Mar- 
shal at Falmouth Station. Have been so since January 
12th, or thereabouts. During that time I have known of 
goods being transported for sale, not authorized by written 
orders. These quantities were not large — mostly apples — by 
newsboys and others, and which were not on the manifest. 
Can't sa}' how long this continued. People came with 
goods and they were often stolen. Parties claiming them 
had no evidence to show the guard whose goods they were. 
Some public property was brought up, I think, without be- 
ing put on the manifest, but will not say positively. I know 



80 

that some Hospital stores were stolen. The practice of 
bringing up apples continued but a short time, when I 
spoke to Gen. Patrick and also to Capt. Pierce about it. 
Since that time the practice has been discontinued. Most 
of the goods that came there were manifested. Newsboys 
do not bring up anything now to my knowledge. Can't say 
that I have seen Capt. Hall's name attached to any trans- 
portation papers. Have seen Lt. J. A. Morris' name signed 
as A. D. C. Gen. Patrick instructed me not to interfere 
with those orders." 

Cross-examined by Capt. Hall. 

" I think some of the apple boys had authority to bring 
apples within the lines and sell them, from Gen. Sumner. 
I think those who sold the apples had a permit from Gen. 
Sumner to sell apples and and bring them within the limits 
of his command." 

Adjourned to 26th inst. 

March 26, 1863. 
Court met at 2 o'clock, p. m. 
Present, all the members except Major Stoughton. 

J. E. Merriam, recalled for prosecution : 

" I was at one time superintendent of the Quartermaster's 
mess house at this place. This was from some time in Jan- 
uary to the last of February. The men were messed there. 
I drew the full Government rations for the men regularly. 
The rations were all cooked and served. The regular meal 
hours were 6| a. m., 12 m., and 6 p. m. None of the Gov- 
ernment rations were ever diverted from their legitimate 
use. There were no more complaints than might be ex- 
pected from the number of men who took their meals there. 



81 

There were about 450 men who took their meals there. The 
men were generally orderly as a body. The cooking was 
done by steam, fuel furnished by the Quartermaster's Depart- 
ment. I think I understood the contract as it was made 
with the Quartermaster and Mr. Beebee. This was carried 
out to the letter by both parties. I think the arrangement 
for messing the employees of the Quartermaster's Depart- 
ment is a good one. The house was clean and nice, and 
furnished by Mr. Beebee with new crockery and cutlery, 
superior to any I ever saw. I have seen mess houses of the 
same kind in Washington and Baltimore, but none so well 
arranged as this. It saves trouble, or time of men cooking 
for themselves, and the provisions are better cooked than any 
I ever saw. There is a restaurant kept by Mr. Beebee in the 
same building, an officers' mess. I am now in Mr. Beebee's 
employ in the restaurant. Nearly all that are entertained 
there are officers. Very few soldiers come here. The prin- 
cipal business is with officers ; occasionally citizens on their 
way to and from the army. 

Cross-examined. 

"I was formerly employed by Captain Hall as superintend- 
ent of another mess for employees. This was near Aquia 
Creek. I had three stoves for cooking the rations. I messed 
about 300 at that place. I can get along with less men with 
this arrangement than with the other. I found it impossible 
to cook for so large a number of men on stoves, and had to 
build fires out of doors. It required six men and one four- 
horse team a day to furnish fuel for that mess. One man a 
day without any team does all the work for this one so far 
as fuel is concerned. The table was supplied with tin ware, 
knives, and forks. The Quartermaster furnished those 
6 



82 

upon my importunity. As far as I know, he did this 
at his own expense. I think they could not be drawn upon 
requisition from the Quartermaster's Department. The 
men were not as well satisfied with that mess as with this 
here. 

W. H. Beebee, sworn : 

"I made a contract with Captain Hall some time in Jan- 
uary last, about the 25th, to keep his mess house. I was to 
furnish the house with crockery, cutlery, &c, for the men, 
and in consideration of this I was to have the privilege of a 
room for an officer's mess. Captain Hall furnished the steam 
boiler and a small proportion of the cooking utensils; I fur- 
nished a large proportion of them nryself. I was to have 
charge of the cooking myself. I put up the boiler and stoves 
after they were furnished by Captain Hall. The cooks for 
the men are paid by Captain Hall. The fuel was to be fur- 
nished by the Quartermaster's Department, the food cooked 
to be the full Government rations, and drawn by the super- 
intendent. I was to receive no payment for that. This ar- 
rangement has been carried out. About 260 men mess there 
now. A large party has been sent away to Yuba Dam. I 
average 200 officers a day, who eat at my restaurant in the 
building. I am ready to furnish meals at all hours from 6 
a. m. to 10 p. m., when the house is closed. I expended 
about $2,300 for furnishing the mess house alone. I supply 
nothing extra to the employees, and have no compensation 
other than the one mentioned. The men get the full Gov- 
ernment ration. The Quartermaster's Department furnishes 
nothing at all for the restaurant except the building. I sup- 
ply everything for that myself. I get transportation on Gov- 
ernment boats in the same manner and the same way as 
purveyors of the officers' mess. "We keep no goods or any- 



83 

thing for sale except tobacco and cigars for the customers. 
This was one of the stipulations made by Captain Hall. I 
I have no 'partner ; Captain Hall is in no way interested pecunia- 
rily in the house, nor has he at any time been, nor h'as any party 
belonging to the Government. I pay nothing, other than 
what I have described, for the use of the building. 

Cross-examined. 

" Captain Hall stated to me that he felt it necessary that 
some kind of accommodation should be provided for officers 
and soldiers passing through here. There was no place of 
the kind at the creek. I have never seen so much joy mani- 
fested by men as I have seen by officers coming to this place. 
I neither sell or give away any liquor of any kind. That was 
one of the stipulations made by the Quartermaster when I 
came here. My prices are no higher than those of the first 
restaurants at Washington. All my help are entirely sepa- 
rate from the Quartermaster's Department. I pay my help 
higher wages than are paid by first class hotels in Wash- 
ington." 

Adjourned to March 27th. 

After adjourning, the court visited and inspected the Gov- 
ernment mess house, the dock and warehouses, and the hay 
dock at Yuba Dana. 



Aquia Creek, Va., March 27, 1863. 
Court met pursuant to adjournment. 
Present, the whole Court. 

V. D. Bickford, sworn: 

"I am a telegraph operator. I have been employed as a 
telegraph operator at Aquia Creek since some time in No- 
vember last till the 1st of March. I remember havine: a 



84 

» 

message placed in my hand by Mr. Spear, detective officer, 
to Colonel Baker. I had no conversation with Captain Hall 
about that message whatever. I don't know as it was sent. 
This message we tried to find, but could not. I can't say 
as the message wa's sent, and can't explain anything about 
it. I heard complaint that that message was not received. 
I can't tell what that message was, but think it related to 
Mr. Camp's arrest. About the middle of February, I first 
heard complaints that that message was not received. ISTo 
person but myself could have been responsible if the mes- 
sage was not sent. I can conceive of no reason why that 
message was not sent. My belief is, that the message was 
sent. It is the only instance I have ever heard of when a 
message was claimed to have been lost. We often have 
messages sent in faster than we can send them, but we file 
them on hooks assigned to the different stations, and this 
would be no reason why the message should be lost. There 
were three operators stationed here, but I was the only one 
on duty at the time the message was received. The names 
of the other operators were Thomas Dolan — I can't tell the 
names of the rest. There was another operator; it was Ed- 
ward Moreland. I had no conversation with Captain Hall 
about the message. Don't recollect that I heard Captain 
Hall speak about it. I don't know as any one but Mr. 
Spear spoke to me about the message. Neither Captain 
Hall nor any other person ever attempted to bribe or induce 
me to alter or suppress that or any other message, while on 
duty here. 

"We retain the originals of all official messages until the 
end of the month, when they are sent to the War Depart- 
ment. I don't think a message could be taken from my 
hooks without my knowledge. Very few people are ad- 
mitted behind the railing, except those we know. There is 



85 

a railing between the works and the, public entrance. I 
never missed that message from my hook or file. I should 
be responsible for the keeping and sending of that or any 
message while on duty, and for their being property turned 
over to my successor." 

Cross-examination. k 

"I have been inquired of about this matter before by 
Major Eckert, manager of U. S. M. T. I told him the same 
as I have testified to here. This was near the middle of 
February, or before. He said nothing about Captain Hall 
at all. I never before heard that Captain Hall was accused 
of the suppression of the message at all." 

Joseph L. Hall, recalled at his own request for the purpose of explaining 
his former testimony: 

" I think I testified that I purchased the lumber for the 
building in Washington. Before commencing the building, 
with the assistance either of Mr. Brown or Mr. Thompson, 
I made a rough estimate of the amount of lumber required. 
I purchased that amount, and that was what I had on the 
ground when the building commenced. He used that up, 
and told me that was not enough. I then went to Mr. 
Thompson and asked him to lend me some, telling him that, 
if he would do so, I would replace it with enough more to 
pay for tallying the same. 

" Mr. Thompson told me he had no right to lend the lum- 
ber, but if I paid the same and enough more to pay all dam- 
ages, it would make no difference; that he was responsible 
for it, and he should expect I would pay it, and if I would 
give him my word that it should be replaced, he would let 
me have it. I told him he knew me, and that if I gave him 
my word that it should be replaced, he knew it would be done. 
He then let me have the lumber. When I was on the stand 



86 

before, I had engaged the lumber in Washington, and was 
expecting it here. This is why I testified that the lumber 
was purchased in Washington. Captain Hall did not know 
I had borrowed the Government lumber. I don't believe he 
knew it until after Mr. Brown gave his testimony. When 
I borrowed the lumber, I did not expect that it would be 
more than ten days before the lumber would be returned. 
I was waiting for a friend to get the lumber down. It has 
been replaced within a few days. It was finally sent down 
by private transportation. The one on whom I was depend- 
ing brings hay and grain here on his own vessels. After 
Brown had given in his testimony, my brother called my 
attention to it, and wanted to know what it meant. I ex- 
plained it to him as I have here. He told me the lumber 
must be replaced at once. I went immediately to Balti- 
more, procured the necessary amount and transportation, 
and brought it here at my own expense." 

Cross-examined. 

"I know Dr. White. He was in my store on or about the 
10th of February. I had at that time some conversation 
with him in regard to some wine. Captain St. John, of the 
schooner Pawnee, was in there. The captain said he had 
some wine, and wanted to know if I would not take it. I 
declined ])osiii\)ely. Dr. White said that if it was good wine 
I ought to take it and keep it for hospital purposes, and 
issue it on his orders. I told him I had rather have nothing 
to do with it, as I had never had a drop even of our own 
wine in the store. Said he, 'I will give you an order, and 
I shall insist upon your keeping it.' I told him if I was 
obliged to keep it, I must, but would rather have nothing to 
do with it. I think I told Dr. White that I knew the man 
to be reliable. I did not make the proposition to Dr. White 



87 

that I would take and store the wine, and deal it out on his 
orders. He told me he wanted some good, reliable man to 
keep wine here for the hospital, as he had no place to store 
it. I told him I would rather he would get some one else. 
W. F. Pond is not a brother-in-law or any relation of Cap- 
tain Hall." 

Adjourned to March 28th, instant. 

Aquia Creek, Va., March 28, 1863. 
Court met according to adjournment. 
Present, Major Stoughton and Judge Advocate. Consent 
given to proceed without a quorum. 

Thomas Dolan, sworn : 

"I have no knowledge of a message about the 19th of 
January, sent by Mr. Spear to Colonel Baker. I think the 
message was sent. I don't know Mr. Spear. I recollect a 
message about the arrest of Mr. Camp. I was employed as 
an operator in the telegraph office at that time. I am not 
sure, as I was on duty at the time. My impression is that 
I was alone in the office when the message was handed me. 
If the message was handed me, I either sent it or left it on 
the hook, to be sent by my successor. I think I was in the 
office when the message was sent. I have no positive recol- 
lection whether it was sent or not. I think there was some 
complaint that Baker never received the message. I think 
Mr. Spear told me this. I cannot account for the loss of 
it if it was lost. Captain Hall nor any other person ever 
attempted to bribe or induce me or any other operator, to 
my knowledge, to alter or suppress that or any other message. 
He never spoke to me, or to any person in my presence, 
about the arrest of the detective, and never attempted in any 
way to interfere with the operations of the office. He gave 



us assistance several times in the performance of our duty. 
I think Mr. Emerick, Mr. Bickford, and myself were the 
only persons on duty here at the time." 

Cross-examined. 

" The first I ever heard of any one being charged with 
bribery was yesterda}^ when Mr. Bickford was examined 
before this Court. Mr. Spear, a Government detective, ap- 
plied to me to know if Captain Hall had sent any message 
about the arrest of Mr. Camp, and wanted to know the gen- 
eral tone of it, so lie could frame his message to Colonel 
Baker accordingly. I declined to give him any inform- 
ation." 

J. H. Emerick, sworn: 

" I am a telegraph operator. Came here about the 25th 
of January. I think I was not here about the time of the 
arrest of the detectives. I don't remember about the arrests. 
Neither Captain Hall nor any other person ever, to my 
knowledge, offered any bribes or inducements to me or to 
any other person, to my knowledge, to alter or suppress 
any message, or in any way to interfere with the business 
of the office. Captain Hall never, to my knowledge, spoke 
to me or any other operator about the arrest of Mr. Camp 
or any other detective." 

Wait N. Hawley, sworn : 

" I reside at Aquia Creek temporarily, and am engaged 
in the newspaper business. Have been here since the 1st 
of February. In the early part of February I saw some 
property on the wharf, some large boxes. I think they 
were discharged from a steamer, and marked ' Captain T. 
E. Hall, Aquia Creek.' , The next day I saw one of those 
boxes in the store of Hall & Pond, the contents having been 



89 

sold by them. This was bread. I might have seen a dozen, 
or perhaps not so many, on the wharf. I saw two in the 
store of Hall & Pond. One was opened, and one was not. 
I don't know what the one unopened contained. These 
boxes were similar in size. Can't tell if they were other- 
wise alike. I saw Hall & Pond selling bread. I saw them 
selling to soldiers and other people. There was a large 
number of purchasers. There was a large number of people 
outside, as though there was a rush for the bread. I can't 
tell the price at which they sold it. I think I heard one 
person say they sold it at ten cents per loaf. The loaves 
were of the ordinary size. Never saw them sejl it at ex- 
orbitant prices, that I know of. I can't tell if there was any 
bakery here at the time, but think that Hussey had one 
here. I think it on the whole desirable that soft bread 
should have been kept here for sale at that time." 

Cross-examined. 

" I don't wish to be understood as saying that the boxes 
on the wharf were taken to the store of Hall & Pond. I 
don't know that Hussey baked bread here at all. His oven 
was a portable oven. I never saw a loaf of bread there. I 
supposed that his principal business was baking pies and 
small biscuits. I have been inquired of by Judge about 
this matter, an officer under Colonel Baker. This was in 
Colonel Baker's office." 

Adjourned till Monday, the 30th instaut. 

Aquia Creek, March 30, 1863. 
Court met according to adjournment. 
Present all the Court. 

Captain C. B. Ferguson, sworn : 

"lam in the Quartermaster's Department. Have been 



90 

there as Captain and A. Q. M., stationed at Alexandria as 
Depot Quartermaster. I recollect receiving a note from 
Captain Hall relative to furnishing some transportation to 
Mr. Cheney. (Exhibit 20 shown to witness, and recognized.) 
I recollect having a conversation with Captain Hall, relative 
to this permission, afterwards. Cannot fix the date. The 
conversation was of the purport, asking me to discontinue 
furnishing him the means of transportation suggested in the 
letter. I don't recollect the reason given for asking the 
discontinuance. I should not consider it at all to the detri- 
ment of the public service to send sutlers' teams away from 
this point when they were here without forage, and driven 
to get away from the limits of the army, when boats were 
going light, or the teams could be put on without hinder- 
ance to the boats. If I found my department without 
funds, and the employees out of clothing, and if a party 
proposed to get them clothing, and sell it to .them at reason- 
able prices, or on credit, I would not furnish transportation 
for such clothing without asking instructions. I have no 
doubt the Department would furnish the transportation. I 
would not consider such transportation misapplied. From 
the circumstances of the case of bringing the sutlers' teams 
from Liverpool Point, as narrated to me by the Judge Ad- 
vocate in this case, I would not consider the transporta- 
tion misapplied, providing the sutlers had regular warrants, 
and were authorized to bring such stores to the Army of 
the Potomac. I have had occasion to be somewhat ac- 
quainted with the duties and the state here. I organized 
the department at Alexandria. There was no department 
organized here before Captain Hall came here. I consider 
that Captain Hall has displayed great energy and ability in 
the management of matters at the creek." 



91 

William F. Pond, sworn : 

"Am sutler at this point, in partnership with J. L. Hall. 
Our firm has been furnished to some extent with coal from 
the Quartermaster's Department. We made an arrange- 
ment with a party to furnish us some coal. He failed to do 
so, and we borrowed a small quantity of Captain Hall, with 
the express provision that I was to replace it. I think he 
loaned me some two aud a half or three barrels full, not 
more. This coal has been returned. Had no arrangement 
with Captain Hall by which he was to furnish us with coal, 
and take our old boxes in exchange. I had no arrangement 
with Captain Hall by which he was to furnish us with coal, 
except as I have mentioned. I had no other coal from 
Captain Hall. I don't know that I heard Mr. Hawley in- 
quire about old boxes or barrels. We sold those barrels to 
Hawley for one dollar per week. 

"I declined to let him have them longer, as we were un- 
able to get our pay for them. I told that to his man. 
Don't know as I should know him if I should see him. We 
have had public transportation for bread, some apples, 
clothing, boots, aud shoes ; I think nothing else. Ten bar- 
rels will probably cover all the transportation for apples. 
We may have had them come down twice — not more than 
that. The sales of bread were made principally to the em- 
ployees here. The apples were sold principally to the people 
on the landing here. I don't think that I could have got 
private transportation at the time. The clothing was bought 
for the employees, and sold to them principally. I never 
knew of anything brought here, except the bread, marked 
for Captain Hall. The transportation was made out in his 
name, and I thought it would have to come in his name as 
the transportation was by his order." 



92 

*(Exhibit 23 produced and put in as evidence.) 

Cross-examined. 

"I am not aware of being a brother-in-law of Captain Hall, 
or in any way connected with him. I was connected as pur- 
veyor to General Burnside's headquarters before the army 
came here. J. L. Hall was not connected with me then. 
When I came here, I expected to continue my connection 
with General Burnside's headquarters. There never was any 
conversation or communication between me aud Captain 
Hall about his brother being a partner in the business, pre- 
vious to his endorsement of my application to General Burn- 
side. He never expressed to me in any way any desire that 
he should be a partner in the business. Don't know that he 
ever said anything about it. Have no other partner. Cap- 
tain Hall is not, nor has he ever been, nor is there any un- 
derstanding, expressed or implied, that he ever is to be, 
pecuniarily connected in our business." 

Adjourned to March 31st, 1863. 

Aqiiia Creek, Va., llarch 31, 1863. 

Court of Inquiry met, as per adjournment. Present, all 
the members. 

The Judge Advocate informs the Court that there are no 
more witnesses to be examined, to his knowledge, in sup- 
port of the charges and specifications, except to recall Mr. 
Hall and Hawley, and Mr. Whitney, clerk of the "Carrie 
Martin;" also Mr. Craig and Evans, for all of whom sub- 
poenas have been issued. Said subpoenas were placed in the 
hands of Col. Baker, Provost Marshal of the "War Depart- 
ment, to be served, two weeks since, and the witnesses have 
not been produced. 

* See Appendix. 



93 

The court desires Capt. Hall to go on with his defence, 
reserving the right to call the above named witnesses as soon 
as they may be present, and to examine any other witnesses 
as to new matters after the defence shall be closed. 

Capt. Hall submitted the following written statement and 
protest. The court declined to strike out any of the testi- 
mony therein referred to, but orders the statement and pro- 
test to be entered on the record. 

Protest of Capt. Hall. 

"Whereas it is in evidence in this case, that the officers of 
Col. Baker, "Provost Marshal of the "War Department," 
have said, that Capt. Hall had taken strong ground against 
Col. Baker, and that they wanted to get him (Capt. Hall) 
removed, and also that they were trying to get testimony to 
get him (Capt. Hall) cashiered ; and whereas it is in evi- 
dence that one witness has been arrested without process of 
law, and confined against his will, and while in such con- 
finement, was induced to sign his name and make oath to a 
written statement, which statement was materially different 
from what he (the witness) did state and intend to swear to ; 
and whereas it is in evidence that all this was done by the 
officers of Col. Baker, aforesaid; and whereas it is in evi- 
dence that this same witness was afterwards confined in a 
room, under lock and key, and was only released from such 
confinement to be taken in custody by an officer to this 
Court, and here confronted with said written statement, to 
which he had been induced to sign his name and make oath 
against his will ; and whereas it is in evidence that this same 
witness offered security for his attendance before this court 
as a witness, which was refused him, and he (the witness) 
was held in close custody without cause, and in violation of 
the recognized rights of witnesses ; and whereas the re- 



94 

spondent in this case has reason to believe, and does believe, 
that the same means are being, and have been, used to intimi- 
date other witnesses to induce them to testify falsely before 
this court ; and whereas the respondent did, on the night of 
the 22d inst., propound to a witness, while he was on the 
stand and under oath, to answer truly such interrogatories 
as should be put to him by said respondent, the question as 
follows, to wit: " Have you been arrested and held in custody by 
Col. Baker's officers as a witness in this casef — and whereas 
the question aforesaid was objected to by the Judge Advo- 
cate, and said objection was sustained by the Court, whereby 
the respondent was debarred the privilege of showing that 
this and other witnesses were arrested and intimidated to in- 
duce said witnesses to testify falsely : 

Now, therefore, I, Capt. T. B. Hall, Assistant Quartermas- 
ter, the respondent in this case, do desire to enter this my 
solemn protest against the testimony of any witness who 
has been confronted in this court by a sworn statement, 
made at the instigation of the officers of the aforesaid Baker, 
and in the affair of the said Baker, being admitted as evi- 
dence in this case, or made any part of its records; and in 
the event of this protest being disregarded, and such testi- 
mony being made a part of the record of this court, then I 
respectfully ask that this protest may be entered upon the 
record as a part of this case. 

T. E. Hall, Capt. £ A. Q. 31. 

Aqtjia Creek, Va., March 30th, 18G3. 
Capt. J. J. Van Horn, sworn for defence : 

"I acted as Provost Marshal here from the 28th of De- 
cember last to the 14th or 15th of January. Capt. Fors}?th 
had leave of absence, and I was ordered here by Gen. Pat- 
rick to relieve him. While acting in such capacity I had a 



95 

quantity of tobacco come into my possession. It was turned 
over to me by Capt. Granger, of the Commissary Depart- 
ment, he having seized it while on the trip to the Rappahan- 
nock. I was ordered by the Provost Marshal General to turn 
it over either to the Quartermaster's Department or Com- 
missary's Department for distribution to the laborers. I 
kept the tobacco until I was relieved by Capt. Forsyth, and 
gave him the verbal instruction I had received from the Pro- 
vost Marshal General. 

" "While acting as Provost Marshal here, Capt. Hall always 
gave me all the assistance he possibly could in the discharge 
of my duties. I recollect of his telling me, on nearly every 
mail boat, that goods were shipped here that were not on the 
manifest. 

" Capt. Hall gave me information of cases, upon which in- 
formation I made seizures. I never saw anything indicating 
neglect of duty on the part of the Quartermaster while I 
was here. Have been in the service since 1858, and am a 
graduate of West Point." 
• 

J. L. Hall, recalled by Judge Advocate : 

"I recollect Mr. Hawley coming to our place sometime, 
I think it was in February, and asking about old boxes and 
barrels. The . substance of the conversation was, that he 
wanted some of the boxes and barrels to burn. My im- 
pression is that I told him the Captain was to have the 
boxes and barrels. He did not at the time make any ar- 
rangement with me. He came afterwards, and said that any 
arrangements that could be made with me would be satisfac- 
tory. He made an arrangement with Mr. Pond, I think, 
that he should pay one dollar a week for the boxes. There 
might have been something said about coal. My impres- 
sion at the time was, that we were to furnish Capt. Hall 



96 

with our old boxes and barrels and receive coal in exchange. 
I got the impression from Mr. Pond. I won't say that Mr. 
Pond told me so, but I so understood him. I think I told 
Mr. Hawley so. I did the selling, and Mr. Pond did the 
buying. It never occurred to me that there was any im- 
propriety for Capt. Hall to take our old boxes, and repay in 
Government coal. I can't say how much coal we had from 
Capt. Hall, probably not more than two barrels or two and 
a half. "We burned more than half of our old stuff in the 
place. I can't say for how long a time we used Government 
coal. We used it for perhaps four weeks, not above six 
weeks. We have two stoves ; one burns coal or wood. 

"We burned wood a good part of the time. I have un- 
derstood that the coal was returned to Capt. Hall. We ex- 
pected coal on our vessel. Did not tell Hawley that I 
could not supply him further with fuel, because the arrange- 
ment with Capt. Hall had been discontinued. I do not 
know as Hawley has paid for the boxes." 

Cross-examined. 

" One of the stoves is a cooking stove, where we cook'for 
the employees of the Quartermaster's Department. I recol- 
lect Capt. Hall asking if we had any large boxes to be used 
for boxing tent pins. There is no arrangement that we 
shall have Government coal for the clerks of the Quarter- 
master's Department." 

Thomas T. Ives, sworn for defence : 

" My present position and employment is Acting Master, 
United States Navy. Am in command of gunboat 'Yan- 
kee,' and have been in that position since the 12th of Sep- 
tember, 18G2. I know Captain T. E. Hall, Assistant Quarter- 
master, have known him since February, 1862. My position 



97 

has given me means of forming an opinion as to Captain 
Hall's personal integrity, bis character as an officer, and the 
manner in which he has performed the duties of his office at 
this station. I knew Captain Hall at Newborn, and Roan- 
oke Island, on General Reno's staff'. Met him there offi- 
cially, unofficially, and semi-officially. I have known him 
here from the time of his first coming here as Quartermas- 
ter: knew the difficulties attending the organization of the 
Quartermaster's Department here at that time. The work 
of organizing the Department, and carrying on its business, 
went on under his direction with remarkable rapidity and 
effect. I have never seen the same amount of work done so 
quickly under such circumstances. To the best of my judg- 
ment Captain Hall has performed all his duties with great 
energy and efficiency. I have never heard his personal in- 
tegrity called in question, until this Court was called, by 
any human being, and know of no reason why it should.be 
questioned. At the time of my first acquaintance with Cap- 
tain Hall I commanded General Burnside's flag-ship, hold- 
ing the rank of Captain and A. A. G., under a commission 
from the Governor of Rhode Island. From the time this 
post was established in November last, until about the 5th 
of December, I was on shore here daily ; also from about 
the 21st of December to the 23d of January, and again since 
the 22d of March. My station is, and has been, station "C" 
on the chart, from Liverpool Point to Pope's Creek, Mary- 
land. My own charge is at Aquia Creek. "When I have 
had occasion, as I had at the time of the intended movement 
in January, to call on Captain Hall for coal and tugs to tow 
the mortar schooners, they were furnished with remarkable 
promptness ; the request was made in the afternoon, and the 
tugs reported at daylight next morning, four in number, 
7 



98 

all that were required. The coal was furnished immedi- 
ately." 

D. B. Miller, sworn and examined for duience : 

"I have charge of the Government warehouse here, have 
been connected with it since the 11th January last. My du- 
ties are to receive goods that come on the mail boat and 
deliver them. The general orders have been, and now are, 
to turn over to the Provost Marshal for examination all goods 
appearing to be sutlers' goods, and goods coming without 
proper authority. These orders are strictly carried out. A 
portion of the warehouse has been set apart for that purpose. 
Such goods have sometimes accumulated to such an extent, 
that they had to be piled up outside, and interfered with 
the re< 
house.' 



the regular business both inside and outside of the ware 



Albert G. Torney, sworn and examined for defence : 

" I am receiving clerk, receive the freight off the mail 
boat; have been in that position since about the 30th of No- 
vember. I take charge of unloading the boat, receive the 
goods, and turn them over to the warehouse. The orders 
are, that sutlers' goods shall not be delivered without the 
order of Captain Hall, or of the Provost Marshal. I have 
often detained sutlers' goods. They were turned over to the 
Provost Marshal ; they are not delivered except on his order. 
I am ordered in all cases to report when any goods or pack- 
ages have a suspicious appearance, or when there are any 
circumstances to excite suspicion. These orders have been 
general, there have been no exceptions. Those orders have 
been carried out." 

Court adjourned to April 1st, 10 a. m. 



99 

April 1, 1863. 

Court met. 

Present all the members. Record of 31st March read and 
approved. 

Captain S. Rosenthal, sworn for defence : 

" I am Captain in the 5th Pennsylvania Cavalry, and As- 
sistant Commissary of Subsistence. I have been stationed 
at this point since the middle of November last. I know 
Captain T. E. Hall ; my position here has given me means 
of forming an opinion as to his personal integrity, his char- 
acter as an officer, and the manner in which he has discharged 
the duties of his office at this post. That opinion is, that 
Captain Hall is a faithful and efficient officer, and his per- 
sonal integrity unquestionable, and that opinion coiucides 
with his general reputation. 

" I remember the occasion of Mr. Camp, the detective, 
seizing a number of barrels of apples on board a canal barge 
at the wharf. I was Acting Provost Marshal at the time in 
the absence of Captain Forsyth. Mr. Camp reported the 
seizure to me. I told him that he had no business to inter- 
fere, as I had my own men for that purpose. I took the ap- 
ples, stowed them, and turned them over to Captain For- 
syth on his return. They proved to be a present to some 
regiment, and were forwarded to their proper destination." 

A. P. Porter, sworn for defence: 

"I am Captain and Commissary of Subsistence in the reg- 
ular army, and Lieutenant Colonel of Volunteers. Have 
been in charge of the Commissary Department at Aquia Creek 
since the establishment of the same in November last. I 
know Captain T. E. Hall; my position here gives me means 
of forming a correct opinion as to Captain Hall's personal 

Lore. 



100 

integrity, his character as an officer, and the manner in which 
he has discharged his duties at this post. I think my oppor- 
tunities of knowing and forming a correct opinion as to Cap- 
tain Hall are hetter than those of almost any one else at this 
place. As an officer, and a gentleman, I consider his char- 
acter as unexceptionable, his personal integrity unquestion- 
able. He has discharged his duties here in a manner which 
should satisfy any reasonable man. I think he has done 
more than could have been expected under the circumstances 
and difficulties which attended the organization of his de- 
partment here. I have had considerable experience as A. 
A. Q. M. in the regular army. 

" When we first came here I was frequently consulted by 
Captain Hall about matters in his department, and thus have 
become well acquainted with the manner in which he has 
discharged his duties." 

♦ 

James Benedict, svrorn for defence : 

" I am Captain and Commissary of Subsistence in the Vol- 
unteers. I have been stationed at this point since the 18th 
day of November last. I know Captain Hall ; so far as my 
observation goes, Captain Hall has been upright and honor- 
able in every respect, and, as an officer, energetic and faith- 
ful. My observation has been that of an officer at the 
same post engaged in the duties of a separate department." 

Charles E. Robinson, sworn for defence : 

" I am Captain and Commissary of Subsistence in the Vol- 
unteers. I am on duty at Brooks' Station, but have been 
here a great deal. I know Captain Hall ; have known him 
ever since he has been at this post. From what I have seen 
of Captain Hall, I have formed the opinion that he is a man 
of unsullied integrity, as an officer energetic, faithful, and 
efficient. I have had some business with him, and it 



101 

was always faithfully and energetically performed on his 
part," 

J. C. Reed, sworn for defence : 

"I am Captain and Commissary of Subsistence of Volun- 
teers. I have been stationed at this post since 18th Novem- 
ber last. I have known Captain Hall since February, 1862 ; 
served on the same staff with him, I as commissariat, and he 
as quartermaster. I have thus had the means of forming an 
opinion as to Captain Hall's personal character, his character 
as an officer, and the manner in which he has performed his 
duties. I consider his character, as a gentleman and man of 
integrity, is unimpeachable. As an officer he has shown 
more than ordinary efficiency. I think he has been uni- 
formly faithful in the discharge of his duties. I consider 
him the best volunteer quartermaster that I know. He had 
a high reputation on General Reno's staff." 

Charles Devens, jr., sworn for defence : 

" I am Brigadier General of Volunteers. I know Captain 
Hall, and have known him for about eight years. Previous 
to his coming into the army, I knew him well as a business 
man. I had business relations with him, and was acquainted 
with others who had. He had always, as far as my knowl- 
edge extended, the reputation of an efficient, reliable, and trust- 
worthy man, and deserved that reputation. 

"After the rebellion broke out, Captain Hall was known 
to me as Quartermaster of the Major General of Massachu- 
setts Volunteer Militia, (General Morse,) to whose division 
the three months troops commanded by me belonged. 
Since that time, I have not served with Captain Hall until 
after he was appointed Captain and Assistant Quartermaster 
in the United States Volunteers, and until the time when he 
was appointed Post Quartermaster at this place. From that 



102 

time to the present, I have known something of his mode of 
transacting business. I have several times, both as an officer 
of the Massachusetts Volunteer Militia, when I was in the 
United States service, and as an officer of the United States 
Volunteers, been indebted to Captain Hall's energy for im- 
portant services, and have always found him a most faithful, 
competent, and energetic officer." 

Augustus Morse, sworn for defence : 

"I am Captain and Assistant Quartermaster, attached to 
the Third Division, Third Army Corps. I have known Cap- 
tain Hall some six years. I knew him as a business man 
before he entered the army as a Quartermaster under my 
command in the Massachusetts Militia. My long acquaint- 
ance with him, and my relation with him at home and in the 
army, have furnished means for forming an opinion of his 
character as a man and an officer. I have never kno^wn any 
reason to question Captain Hall's personal integrity. As a 
Quartermaster, I consider him to be a very efficient and ener- 
getic officer, and one of strict integrity. Captain Hall ren- 
dered valuable service in getting off the troops sent by 
Massachusetts when the rebellion first broke out. He was 
theu Quartermaster on my staff. I was Major General of 
Militia." 

Michael Holland, recalled for defence : 

"I have been most of the time in the Quartermaster's 
Department since 1854. I was then a "corporal and acting 
quartermaster's sergeant in the United States army. Sub- 
sequently, I was sergeant major and acting quartermaster's 
sergeant at different posts in Texas and New Mexico. I 
was discharged on the 31st of December, 1861, at my own 
request, being a paroled prisoner. Ever since that time — 
except three months — I have been chief clerk in the Quar- 



103 

termaster's Department, under Captain Cutting and Captain 
Hall. I have known Captain Hall from about the time of 
the battle of Roauoke Island. My position has given me 
an opportunity of forming an opinion as to his personal 
integrity, his character as an officer, and the manner in 
which he has discharged his official duties. I have alwa3 7 s 
thought him a very energetic and indefatigable Quartermas- 
ter, and I have been closely connected with him. I have 
thought him to be one of the most faithful and trustworthy 
officers I have ever served under. I know of no act of his 
that will not bear the strictest scrutiny. I know A. N\ 
Baxter." 

Q. by Captain Hall. "Do you know whether he was dis- 
charged from employment here by Captain Hall, and for 
what cause ?" 

Objected to by Judge Advocate. 

Captain Hall offers to show, by this witness, that the wit- 
nesses, Baxter and Bennett, were discharged for drunken- 
ness, Bishop for lying, Smith for selling liquor, and that 
Seager left to avoid being discharged for taking bribes; for 
the purpose of showing that his accusers have sought wit- 
nesses against him among persons who might be expected, 
from personal reasons, to testify adversely, and not among 
the officers of the post and employees who have been 
retained in service, who may be expected to know the truth 
of most of the matters under investigation. 

Objected to by Judge Advocate, on the ground that no 
foundation has been laid for this line of testimony in the 
cross-examination of those witnesses. 

Objection sustained by Court. 

Wm. T. Rogers, sworn for defence : 

"I am Colonel of the Twenty-first New York Volunteers, 



104 

commanding; the brigade known as General Patrick's Brio-- 
ade. I am also commandant of this post. Have been in 
command of this post since 10th January last. I know 
Captain Hall — have known him since I came here. My 
position has given me the means of forming an opinion of 
his character as an officer, and the manner in which he has 
performed his duties as a Quartermaster here. That opinion 
is, that Captain Hall is a very efficient officer in his depart- 
ment. I have never had any reason, from my observation 
or investigation, to doubt his personal integrity. From 
having heard it stated that there were irregularities and 
misconduct in the Quartermaster's Department here before 
this Court commenced its sittings, I was led to observe and 
make inquiries and investigations respecting such irregular- 
ities and misconduct. I ascertained nothing that implicated 
Captain Hall in any way. My facilities for making correct 
observations and investigations respecting these matters 
were greater than were possessed by any other officer — cer- 
tainly greater than any officer at Washington could have had. 
"I think Captain Hall consulted me in reference to the 
sutlers brought over by his order from Liverpool Point. I 
know he did so, and suggested the propriety of having their 
wagons searched on their arrival here. I do not consider 
that the public transportation was misapplied by Captain 
Hall in bringing over those sutlers, but rather that it was 
beneficial to the army at the time, as the supplies were much 
needed. Captain Hall has always co-operated' with rne in 
trying to prevent abuses, and performing police duty at this 
post." 

Thomas B. Jones, sworn for defence: 

" I am wharf master at the lower pier at Aquia Creek — 
have been there for the last four weeks. Prior to that, I 



105 

was employed on the principal wharf, having general super- 
vision of the forage department. I have known Captain 
Hall since I came here about the 1st December last. My 
position has given me the means of forming an opinion of 
Captain Hall, and I have formed the opinion that he is an 
efficient, faithful, and trustworthy officer. I have had instruc- 
tions from Captain Hall to withhold all contraband goods 
that might come under my observation, and to make report 
concerning them to him. It was always his practice to report 
them to the Provost Marshal. He has said to the employees 
that he would discharge any of them, however valuable and 
efficient in other respects, if he found them derelict in this 
respect. He has so discharged some of the employees for 
that cause. I was told by Captain Hall, privately, that the 
reason I was sent to the lower wharf was, because he wanted 
a reliable man there to give him information privately 
respecting any landing of contraband articles, as the facili- 
ties for such practices were greater there than here. The 
telegraph was placed at my disposal for that purpose. These 
instructions were private, and are not known to the em- 
ployees at the wharf. They were given to me before the 
charges in this case were made." 

James G. Johnson, sworn for defence : 

"I am Captain aud Assistant Quartermaster at this post, as 
a general assistant to Captain Hall. Have been so employed 
since the 28th December last, or thereabout. My position 
here has given me the means of forming an opinion, as to 
Captain Hall's personal integrity, his character as an officer, 
and the manner in which he has discharged his duties here. 
I have had access to all the correspondence, telegrams, books 
aud accounts, and known most of the transactions of the 
department here. My opinion is that Captain Hall has dis- 



106 

charged his duties here with great energy,.industry, fidelity, 
and integrity, endeavoring, in every way in his power, to 
protect the interests of the Government. 

" Captain Hall caused an investigation to be made, re- 
specting the ferrying over of the sutlers by the ' Tallacca,' at 
night. My impression is that Captain Hall was not at the 
creek on the night that the ' Tallacca' is said to have been 
so employed. The first I knew of the matter was on learn- 
ing that Captain Hall had ordered such investigation. It 
was a few days after the occurrence. Before that investiga- 
tion was completed, some arrests were made by one of Col- 
onel Baker's detective officers, Mr. Spear, I think. I never 
thought, or had any reason to believe or suspect, that Cap- 
tain Hall had any knowledge of the intention to use the 
' Tallacca,' for the purpose mentioned. From the general 
tenor of the telegrams, letters, verbal instructions, and writ- 
ten orders received here from our superior officers, I under- 
stand that the Quartermaster here has discretionary power 
to allow public transportation to private property, intended 
for the use of officers and soldiers, where such transporta- 
tion does not interfere with the public service, and that the 
Quartermaster may judge whether the public service is in- 
terfered with in any such case, being accountable to his 
superiors for the proper use of that discretion and judg- 
ment. Since about the 20th February, orders respecting 
transportation have been more stringent, and less discre- 
tion left with the Quartermaster." 

(* Exhibits, 12, 13, 14, and 16 shown witness.) 
"I recognize those orders; some were issued on the au- 
thority of General Patrick, others on the authority of Col- 
onel Ingalls. (* Exhibits 24 to 28 inclusive shown witness, 

*See Appendix. 



107 

and put in evidence for defence. The originals produced 
in Court ; copies accompany this record.) I recognize these 
exhibits as orders received at this office, upon which my 
orders to the steamer 'Eagle,' were based. I know of no 
other instance when the 'Eagle' was sent over to Liverpool 
Point for sutlers expressly. 

"Without such orders as those just produced, I should 
not have felt authorized to send the boat over expressly to 
bring the sutlers. I should consider that. Captain Hall, as 
Chief Quartermaster of this post, would have the discre- 
tionary right to allow the transportation of sutlers (having 
regular commissions) a,nd authorized caterers, from Liverpool 
Point on the Government boat, when that boat had been 
sent over for the purpose of carrying rations and supplies to 
troops there, and was returning without other load. 

" I remember that in January or February, that there were 
no funds here to pay off the laborers in the Department, 
and that they were in need of clothing. I heard Mr. Torance, 
superintendent of contrabands, say that they were pre- 
vented from being out to work during the severe weather 
by want of clothing. The want of funds, I know only from 
having heard it at the time. I saw Mr. Hall, of the firm of 
Hall & Pond, issuing clothing to the contrabands. I ex- 
amined the clothing, inquired the prices, regarded the quality 
as good and the prices reasonable. Under the circumstances 
then existing, there being no funds, the men being destitute 
of clothing, their labor being needed by the Government, 
parties being found who would furnish them clothing at 
reasonable prices on credit, I should think the Quarter- 
master not only justified in furnishing public transportation 
for it, but even bound to do so for the interests of the ser- 
vice. That is my opinion as a Quartermaster. *Exhibit 

* See Appendix. 



108 

29 is a telegraphic dispatch received by me from Colonel 
Ingalls." (Original produced in evidence. Copy of same 
accompanies this record.) 

W. W. Wright, sworn for defence : 

"I am engineer and superintendent of the Military Rail- 
road from Aquia Creek to Falmouth. Have been in that 
position ever since the occupation of this place as a depot. 
I kuow Charles Cheney. He undertook to keep a boarding 
house here for the employees of the Quartermaster's and 
Railroad departments. He kept it for a few weeks, did not 
give satisfaction, and another man was put in his place. It 
was proposed by him to keep such house. I did not pro- 
pose it to him. It was agreed between Captain Hall, Cheney, 
and myself, that Cheney should take the house ; that the 
rations for the men should be given to him, and he should 
cook them; that he should furnish additional rations or pro- 
visions if required by the men, and should have the privilege 
of supplying meals to outsiders when it did not interfere 
with the proper conduct of the employees' mess. It was 
not definitely understood that he should keep a saloon. It 
was not stipulated or understood what extra provisions he 
was to furnish to the men, or what they were to pay. I 
mentioned $1.25 per week as the amount paid by each man 
last summer, but it was not agreed/that it should be paid in 
this case. That point was left to be subsequent]} 7 arranged, 
but was never arranged. Mr. Cheney had previously called 
on me, and spoken in reference to his keeping a saloon. I 
did not offer him the boarding house. Captain Hall did 
not, in my presence or to my knowledge, make the proposi- 
tion that he would furnish the rations, and that Cheney 
should board the men, and charge them $1.25 per week each 
to compensate him for the extra provisions. After he had 



109 

started the boarding house, and had been going on for some 
time, and was not giving satisfaction, he told me that he 
would make no charge to the men for the extra provisions. 
There was no positive understanding that he should keep a 
saloon. I did not agree to pay him $1.25 per week for each 
man of those in my employ boarded by him. He furnished 
some extra provisions, I don't know how much. He com- 
plained of having difficulty in getting transportation for such 
provisions on Government boats. He left the boarding 
house because he said he found he could not give satisfaction, 
and I told him that he had better give it up, and I would 
put in another man. He opened a kind of saloon or shop 
in the building where he sold things. It brought a crowd 
there, so that it interfered with the business of the mess 
house. I had a conversation with Captain Hall about it, 
and he and I agreed that the shop or saloon should be closed. 
So I sent carpenters there who took down the partition and 
closed the saloon. That place was never kept by Mr. Bee- 
bee. Soon after Cheney left, a separate house was put up 
for the employees of the Quartermaster's Department, and 
the Railroad employees occupied the first building exclu- 
sively." 
Adjourned to April 2d, at 10 a. m. 

Aquia Creek, April 2, 1863. 
Court met at 10 a. m. Present all the members. Record 
of the 1st instant read and approved. 

Harlax P. Moore, sworn for defence: 

" I have been clerk in Captain Hall's private office since 
27th January last. In February last, Captain Hall was 
absent; he went away on the 18th of February, and re- 
turned on the 3d of March. From the 18th February to 



110 

the 3d March, he was absent from this post during the whole 
interval. 

Robert P. Gardner, sworn for defence: 

"I am Captain in the 21st N". Y. Vols. I have been on 
duty at this post to take charge of the transient goods that 
are turned over to the Provost Marshal, since 5th February 
last. 

" I remember the circumstances of the loss of Mr. Farrel's 
two barrels about the 20th February. Mr. Ranney had 
some barrels in the warehouse at the same time, and 
Farrel's were taken out with them by mistake. One of 
Farrel's barrels was found at Ranney's, and was returned to 
the warehouse. Mr. Ranney paid me three dollars for the 
other which could not be found, and I paid that sum to 
Farrel. He said that was what he paid for it. It came down 
on a public boat, so three dollars was all it cost him. He did 
not object to taking the money, to my knowledge, and I 
did not order him to take it. He did not say that he ought 
not to take it. Mr. Ranney is not and never was sutler of the 
21st K. Y. Vols. The barrel found at Ranney's was taken 
to the warehouse, and remained there over night. Farrel 
went away on the cars. He returned next day and took 
the barrel away." 

Cross-examined. 

Q. " Did Mr. Ranney have public transportation for his 
goods which you spoke of as being in the store-house?" 

A. "I suppose so, and that the reason was that he had 
charge of a mess for the officers of the 21st Regiment." 

P. M. Marcus, sworn for defence: 

An affidavit, marked Exhibit 32, produced and read. 

" I, P. M. Marcus, being duly sworn, do declare and say, 



Ill . 

that I have been employed in the Quartermaster's Depart- 
ment at Aquia Creek, Virginia, under Captain T. E. Hall, 
Assistant Quartermaster of Volunteers, since the 4th day of 
January last; that I have been employed a portion of the 
time as a confidential detective. Captain Hall informed me 
that he had some reason to believe that some of the men 
employed by him in the transportation department were in 
the habit of dealing in contraband goods, and also of receiv- 
ing bribes from parties for shipping for those parties goods 
on the cars, contrary to his orders; also that he had reason 
to believe that some people employed on the railroad had 
abstracted public stores from the cars while in transition. 
Therefore he wished me to quietly travel over the road, and 
keep a general watch for these irregularities, and report to 
him from time to time the result. 

"In his absence, I was to report to Captain Johnson, his 
^assistant at the depot. I reported to Captain Hail from 
time to time what I saw, and also to the Provost Marshal at. 
the creek. I informed Captain Hall, on the 8th instant, 
that one of his clerks in the transportation office had made 
arrangements for me to take some whiskey up the road and 
sell for him, and I so arranged that the clerk should be 
detected in the act of giving it to me. 

"Captain Johnson accordingly came upon us just as he 
was in the act of delivering to me a carpet sack containing 
nine bottles of whiskey. I gave the whiskey to Captain 
Hall, and he had the clerk arrested by the Provost Marshal. 
Captain Hall then told me to go up to "Washington on the 
mail-boat, and come down the next day, and report to him 
if I saw anything wrong there. He directed me to go to 
the Provost Marshal's and get a pass, which I did. I went 
up on the boat, and on the morning of the 10th instant, 
when I attempted to return, I was met by the lieutenant of 



112 

the guard at the Sixth street wharf in Washington, to whom 
I showed my pass. He asked me if my name was Marcus. 
I told him it was. He said: 'I want to see you.' I an- 
swered, 'I shall lose the boat if I stop.' He then said: 
'Consider yourself under arrest.' I said: 'By whose order?' 
He said: 'By order of Colonel Baker, through Mr. John 
Lee ' — one of his (Colonel Baker's) officers. 

"After the boat was gone, I was marched up, under guard 
of a file of soldiers, to the headquarters of the guard, at 
Seventh street. Here the lieutenant wrote a note to Colonel 
Baker, and proposed to march me up to the Colonel's office 
under guard. I was finally taken up in charge of one of 
Colonel Baker's officers to his office. 

"Mr. Camp, an officer of Colonel Baker, introduced me 
into his presence. The colonel asked me what I was doing 
here. I said I was ordered up here by Captain Hall. He 
then asked me if I had a pass to come up here. I showed 
him my pass given me by the Provost Marshal. He looked 
at it and said : ' It is not good. You must have it counter- 
signed by Colonel Conrad before you can go back to Aquia 
Creek.' Colonel Baker then asked me what my duties were 
down there at Aquia, and in what department I was em- 
ployed. I told him I was in Captain Hall's employ — on 
special business. He asked me what that duty was, as it 
was he who was to know. I then told him what my instruc- 
tions were from Captain Hall. He then asked me if I had 
made any arrests, and, if so, what. I told him I had not the 
power to make arrests, but was to report to Captain Hall, 
and he had the arrests made through the Provost Marshal. 
I also told him that, in Captain Hall's absence, I was to 
report to Captain Johnson, his assistant. 

" I was then asked what was one of the arrests made ? I 
told him of the circumstances connected with the detection 



113 

and arrest of the clerk by the name of Smith, on the 9th 
instant. Colonel Baker asked me what had become of 
Smith. I told him he was put in the guardhouse, and after- 
wards I learned he was put on the prison ship. Colonel Ba- 
ker then said : ' Captain Hall is a damned thief and a damned 
rascal, and ought to be kicked out of the service.' He said 
he had told Captain Hall so in his office. He said, further- 
more, that Captain Hall had been under arrest for three 
weeks, and that I had no right to act under his orders; that 
Captain Hall ivas no longer Quartermaster at Aquia Creek. 
I said he was the man who employed me, and that until he 
saw fit, I should know no other. 

" Colonel Baker asked me how things were at the creek. 
I told him that there were reports that the railroad men were 
in the habit of opening the cars and taking out Government 
stores and selling them, and that Captain Hall had instructed 
me to detect them, if possible. He asked me if sutlers' ves- 
sels were allowed to land goods at Aquia. I said only those 
with proper papers. I thought they had to go to Belle 
Plain. I told him the post sutler, by the name of Hall, had 
landed some goods on the beach, but not on the wharf; but 
that none had been landed lately. I asked him if he had 
any charges against me. He said: 'No; nothing in the 
world.' 

" I was detained from 8 o'clock in the mornino; of the 10th 
instant to 11 o'clock the next day; all the first day a close 
prisoner. I applied for leave to go out for necessary pur- 
poses. Colonel Baker's officer, Mr. Camp, said : ' You can't 
go; you are a prisoner.' I finally did go, with an officer. 
Colonel Baker finally ordered me to go back to Aquia, and 
if I saw anything wrong to report to him, and not to Captain 
Hall, as he was not Quartermaster now. 



114 

" Mr. Win. Spears, one of Colonel Baker's officers, said : 
' Colonel Baker will show old Patrick, the Provost Marshal 
at Aquia Creek, and Hal], what the prison ship is.' I un- 
derstood that Mr. Spears meant by ' old Patrick ' Brigadier 
General Patrick, Provost Marshal General of the Army of 
the Potomac; that he meant by the 'Provost Marshal at 
Aquia Creek ' Captain Forsyth, Provost Marshal there, and 
by 'Hall' Captain T. E. Hall, Post Quartermaster at the 
Creek. Colonel Baker said, also, ' God damn them; they 
put my officers on the prison ship down there. .' 

"I returned to the creek without having my pass counter- 
signed by Colonel Conrad. And I further certify that the 
pass hereunto annexed is a true copy of the pass which I 
showed to Colonel Baker. 

"(Signed) P. M. Marcus." 

" Subscribed and sworn to before me, this thirteenth day 
of March, 1863. 

"(Signed) James W. Forsyth, 

" Gapt. 18th Inft. and Pro. Mar." 

" That is my affidavit which has just been read. I now 
swear to the truth of it." 

The Court consented to take the affidavit as the direct 
testimony of the witness. 

The pass, Exhibit 33, produced and put in evidence. A 
copy attached to Exhibit 32 accompanies the record. 

" Provost Marshal General's Office, 

"Army of the Potomac, March 9, 1863. 

" Pass the bearer, P. M. Marcus, from Aquia Creek to 
"Washington, D. C, and return, for the purpose of business. 
This pass will expire March 10th, 1863. 



115 

"By command of Brig. General M. R. Patrick, Provost 
Marshal General. 

"J. W. Forsyth, 

"Gzpt. mid A. A. A. £." 

Cross-examined. 

"Mr. Camp was present when I was first taken to Colonel 
Baker's office, remained there till about 11 a. m., went out, 
returned about 2 p. m., I think remained till after dark, 
may have been out and in during that time. He was the 
first man who addressed me when I went in, called me by 
name. I made the affidavit without any consultation with 
Captain Hall or any other person. I did not know when I 
made it that Camp was a witness in this case, or that this 
case was going on. Did not suppose at the time that it 
would be used in this way." 

Adjourned to April 3d, at 9| a. m. 

Aquia Creek, Va., April 3, 1863. 
Court met at 9| a. m. 
Present all the Court. 
Record of 2d inst. read and approved. 

Rufus Ingalls, sworn for defence : 

"I am Chief Quartermaster of the Army of the Potomac. 
I have been in the Quartermaster's Department since 1848, 
and Chief Quartermaster Army of the Potomac since 10th 
July, 1862. I know Captain Hall, have known him since 
September last. I think that my position has given me 
means of forming an opinion as to his personal integrity, his 
character as an officer, and the manner in which he has dis- 
charged the duties of his office. My opinion is that he has 
performed those duties creditably to himself, and certainly 



116 

satisfactorily to me ; that his conduct, in my opinion, has 
not been obnoxious to censure or reproach, else I should 
have taken action in the case myself. 

"It has been customary, under a great variety of circum- 
stances, for the Quartermaster's Department to extend ac- 
commodations to sutlers regularly appointed, when not inter- 
fering with the public service. During this war, I have 
myself extended such accommodations on many occasions, 
considering at the time that I was benefiting the public ser- 
vice, by extending accommodations to officers and men of 
the army. The rule is, never to do so where it interferes 
with the public service. It is not usual to charge for such 
facilities, but it has been done by authority, but as a gene- 
ral rule, I would not consider a subordinate officer justified 
in making any charges for such facilities, without the sanc- 
tion of his superiors. The right to tax sutlers has never 
been questioned. The proceeds of such tax must be ac- 
counted for. 

"I left to Captain Hall, by an order, discretionary power 
as to the extension of accommodation and facilities to 
sutlers. If sutlers should be at this place with their teams 
desiring to get to Washington, being unable to go by the 
Dumfries road, on account of danger, being without forage, 
the Quartermaster might properly use his discretion to give 
them transportation by Government boat, then going empty. 
Such discretion is always to be used discreetly and cautiously, 
in special instances, and not as a rule. If sutlers' teams 
should be at Liverpool Point, with no means of crossing, 
having supplies for the army at a time when such supplies 
were much needed by officers and men, the Quartermaster 
might in some instances, in his discretion, allow them trans- 
portation to this point by a Government boat, which was 



117 

sent to Liverpool Point to take supplies to the guard, and 
had no load in returning. 

Q. "If a superintendant of lumber, having the entire 
control of lumber, under the discretion of the Quartermas- 
ter, the said superintendant making all issues and estimates 
for lumber, for buildings used by the Quartermaster, should 
oil his own responsibility loan 4,000 feet of such lumber to a 
private party, a sutler at the post, without consulting with 
the Quartermaster, and without his knowledge, upon the 
promise that such lumber should be returned within a rea- 
sonable time, would this indicate negligence on the fart of the 
Quartermaster?" 

A. " No, not on the part of the Quartermaster, but on 
the part of the superintendent, and I should discharge him." 

Q. " If the Quartermaster should not immediately dis- 
charge the superintendent of lumber, but reprimand him, 
and exact a promise from him that he should in future not 
repeat the act, the superintendent having been long in 
the Government employ, and being known to be a very 
reliable and useful man, would the Quartermaster be charge- 
able with misconduct or neglect in not discharging him?" 

A. "I cannot say that he would. It is one of those 
points which the Quartermaster should decide for himself. " 

Q. "If two months should elapse before the return of 
such lumber so loaned, and the knowledge of such loan 
should not come to the Quartermaster until the expiration 
of said two months, and the lumber then be returned on the 
demand of the Quartermaster, would these facts indicate 
negligence or fault on the part of the Quartermaster?" 

A. "No." 

Q. "If caterers or purveyors, having authority from 
officers to bring provision for the messes of such officers, 
receive public transportation, and the Quartermaster have 



118 

reason to believe that they abused that authority and privi- 
lege by bringing goods for sale, should immediately report 
the facts to the Provost Marshal, would he thereby have 
discharged his whole duty iu relation to that matter?" 

A. " I consider it the Provost Marshal's duty to see to 
such matters. Such cases come chiefly under his cogni- 
zance and authority ; but if, the quartermaster or his agents 
reporting the facts to him, the Provost Marshal does not 
succeed in discharging his duty in relation thereto, it would 
still be the Quartermaster's duty to interfere to stop such 
abuse of public transportation. It is always his duty to 
co-operate with the Provost Marshal to prevent such abuses. 
At a place like this, if the Quartermaster turns such goods 
over to the Provost Marshal, and refuses to allow them to 
be delivered, except by order of the Provost Marshal, he has 
done his whole duty in respect to those goods." 

John R. Edie, sworn for defence : 

"I am 1st Lieutenant and Ordnance Officer at this post, 
in charge of the depot. I have been here since the 7th or 
8th December last. I know Captain Hall. My position 
has given me the means of forming an opinion, I think, as 
to his personal integrity, his character as an officer, and the 
manner in which he has discharged the duties of his office. 
I never had any reason to suppose he was otherwise than 
perfectly honest, as an officer. I think he has endeavored 
to discharge his duty conscientiously. I am not acquainted 
with the details, but from what I see of the results and the 
amouut of work done here, I should think that the Quar- 
termaster's Department here was conducted in a very able 
manner. 

Thomas McMillan, sworn : 

" I am Assistant Surgeon in the regular army, and Med- 



119 

ical Purveyor of the Army of the Potomac, stationed at this 
post. I have been stationed here in that capacity since No- 
vember last. I know Captain Hall ; I think that my posi- 
tion has given me the means of forming an opinion as to his 
personal integrity, his character as an officer, and the man- 
ner in which he has discharged his official duties at this 
point. I consider him in every respect a gentleman, and 
good officer. I have had official business relations with him. 
It is impossible for me to discharge my duties without the 
assistance of the Quartermaster's Department, and I have 
had all such assistance fully and promptly furnished by Cap- 
tain Hall. As far as my observation goes, I should say 
that the duties of the Quartermaster's Department have been 
very faithfully performed." 

It. S. Huck, sworn : 

" I reside in Washington ; know Captain Hall. I heard 
that the Quartermaster's Department at Aquia Creek was 
without funds in the latter part of January last. Captain 
Hall borrowed $4,500 on his own private note to supply that 
deficiency. I was personally present when this was done. 
I understood that it was for the payment of Government 
employees at Aquia Creek. In the latter part of December, 
or early part of January last, I was in Colonel Baker's office 
with Captain Hall. Captain Hall had then and there a con- 
versation with Colonel Baker about the bringing over of 
sutlers from Liverpool Point by Craig and others. Colonel 
Baker did not, to my recollection, suggest anything about 
Captain Hall being connected with the matter. He said he 
did not know that it was wrong to bring the sutlers over, 
but that the crime consisted in taking money for it and not 
accounting to the Government. Captain Hall replied that 
he had no sympathy for Craig ; that he had forfeited his 



120 

confidence, and that lie had come there at the request of his 
wife to find out whether he could be paroled. Craig's wife 
was then in Washington. Colonel Baker did not use any 
opprobrious epithets, or suggest in any way that Captain Hall 
was other than an honorable man." 

Aquia Creek, Va., April 6, 1863. 
Court met at 12 m. 
Present all the Court. 
Record of 3d inst. read and approved. 

Samuel McGaw, sworn for defence : 

" I am Lieutenant Commander in the United States Navy. 
I command the steamer ' Freeborn,' and the 1st Division 
of the Potomac Flotilla, and am ordered to co-operate with 
the Army of the Potomac. I have held that command since 
the occupation of this depot in November last. I have 
known Captain Hall since that time personally and officially. 
My position has given me the means to the fullest extent, I 
think, of forming an opinion as to his personal integrity, his 
character as an officer, and the manner in which he has dis- 
charged his duties at this post. My opinion is that his per- 
sonal integrity is unquestionable. I have never heard it 
questioned. His energy, activity, and efficiency as Quarter- 
master has elicited the admiration of myself, and of the offi- 
cers of my command, especially in respect to the rapidity 
and success with which the improvements at this point have 
been pushed forward, and has been made the subject of a 
semi-official report by me." 

L. M. Smith, sworn for defence : 

" I am 1st Lieutenant 38th Massachusetts Volunteers, and 
A. Q. M. and Commissary. I have known Captain Hall 
personally for ten years, and officially since October last. I 



121 



nave been at my present station since 11th January last. I 
have served under Captain Hall in the same regiment, he as 
quartermaster, and I as wagon master. My present and 
previous positions have, I think, given me the means of form- 
ing an opinion as to his personal integrity, his character as 
an officer, and the manner in which he has discharged his 
official duties here. No fault in his personal integrity, or 
official character, has ever come under my observation. I 
consider his integrity as unimpeachable, and his energy and 
efficiency as an officer unsurpassed by any officer I have 
known. 

" I have no knowledge of any Government tug or barge 
being used at any time since I have been at Windmill Point 
to convey private property between that Point and Aquia 
Creek. My duty keeps me constantly on the wharf, and I 
should have known of such a case, if it had happened. The 
1 Uncle Sam' did not, to my knowledge, on or about the 17th 
of January, or at any other time, tow a barge loaded with 
private stores to Windmill Point, or between Aquia and 
Windmill Point. She towed' some barges there by order of 
Dr. McMillan, or Dr. Lee, loaded with hospital and medi- 
cal stores." 

William H. Craig, sworn for defence, and examined by Judge Advocate : 

" I was harbor master at Aquia Creek from about the 
21st November to 18th January last. I have no knowledge 
of Captain Hall, during the month of January, knowingly 
permitting the transportation to or from Washington or 
Aquia at Government expense, or on Government boats, of 
private property intended for sale in the Army of the Poto- 
mac. Captain Hall did not at any time, to my knowledge, 
knowingly permit Government steamers to transport private 
stores to or from Liverpool Point or Aquia, or a tug or barge 



122 

to be used for such purposes between Aquia and Windmill 
Point. Captain Hall never, that I am aware of, received 
any consideration either in money, goods, services, or other- 
wise, for such transportation. ' 

"In the month of December last I towed a private vessel 
out of the harbor with a Government tug. She had brought 
materials for erecting a bakery, and had landed them here. 
I did not give such towage by order of Captain Hall, but at 
the request of Captain Reed for the purpose of getting her 
out of the harbor, when she was in the way. She obstructed 
the navigation of the harbor near the Commissary Wharf. 
Captain Hall did, to my knowledge, take measures to prevent 
public transportation beiug used for private property. He 
kept himself informed about the manner in which the boats 
were employed. He gave me an order when I first took 
charge of the harbor, that public vessels should not be used 
for private purposes. I think Captain Hall was not here at 
the time the ' Tallacca' brought sutlers from Liverpool 
Point at night. He did not know of such use of the ' Tal- 
lacca' at the time, or previously of the intention so to use 
her. I took care that he should not know it. It was done 
on two successive nights by the ' Tallacca,' I think on the 
9th, and 10th January, and at no other time. No other 
boat than the ' Tallacca' was ever so used, to my knowledge. 
I did not continue in the Government employ more than 
three or four days after the ' Tallacca' was so used. 

" I know that it was not intended that any of the money 
received for such use of the ' Tallacca' should go to Cap- 
tain Hall. It was intended that the receipt of the money 
should be concealed from him. That was my intention, for 
the reason that I knew, that if he knew of it I should be dis- 
charged. I suppose that a similar reason governed the 
others. I don't think the lights on 'the wharf were put.out 



123 

on either of those nights. I know of no occasion when 
the lights on the wharf were put out at night. 

" Nothing was done more than usual to prevent persons 
going on the wharf. At that time, think there was no guard 
as at present on the upper end of the wharf, but only on the 
lower end. I did not see Mr. Bishop on either of those 
nights, to my recollection. I don't think he knew of the 
transaction at the time. Evans, Carter, and Seager, were the 
only employees of the Quartermasters Department, except 
one, who were engaged in the transaction. The other one 
was not Captain Hall. I think the transaction had not come 
to Captain Hall's knowledge, when I left the Government 
employ. I do not know of Captain Hall's ever having fur- 
nished facilities for a sutler's business to his brother or any 
other person." 

Cross-examined by Captain Hall. 

" On the night of the 18th January, Mr. Spear, detective, 
told me that I was wanted at Washington as a witness in 
an examination or investigation against General Meigs. I 
supposed that if I refused to go, I would be compelled to, 
as I knew Spear to be an officer of Colonel Baker, Provost 
Marshal of the "War Department. In consequence of what 
Spear said to me, I went to Washington with him, and to 
Colonel Baker's office, with the detective officers. I re- 
mained in that .office all day. I arrived in Washington 
about 6 o'clock in the morning, went immediately to Colo- 
nel Baker's office in charge of the detectives, and remained 
there all day in their charge. Towards evening I asked 
Colonel Baker when he would get through with me, and he 
said he would examine us pretty soon, and send us back to 
the creek that night by a tug. Bishop and Maurey, em- 
ployees at the creek, were with me under the same circum- 



124 

stances, and apparently for the same reason. About 8| in 
the evening, we were taken to a private room, all sworn 
together, and then I was taken to another private room alone 
with Colonel Baker. He asked me questions in relation to 
fraud against the United States, and to transportation from 
"Washington and Liverpool Point to Aquia Creek. Some 
questions I objected to answering, on the ground that the 
answers would tend to criminate myself." 

The Judge Advocate objected to this line of examination. 

The Court overruled the objection. 

" Colonel Baker said I must answer such questions as he 
put to me ; thai he was the sole judge, and would put me in 
the Old Capitol if I did not answer. He asked me questions 
concerning Captain Hall, which questions and the answers 
thereto he did not put in my deposition. He asked if Cap- 
tain Hall was interested in the transaction of ferrying over 
the sutlers for money. I answered 'No.' He did not put 
this in my deposition, though 1 requested htm to do so. The 
deposition was read to me, and I then signed it. I suggested 
an error in the deposition, which he corrected to my satis- 
faction, but did not put in it what I had said of Captain 
Hall's not being implicated in the transaction mentioned. 
After I had made the deposition, Bishop and Maurey were 
examined, and then I was taken away to a hotel in charge 
of a detective officer, who stayed there with me all night. 
Next morning, the same officer conveyed me back to Colonel 
Baker's office, and I remained there all day. Colonel Baker 
said that I must consider myself still under examination, 
and under oath. He put questions to me in regard to sut- 
lers' goods coming down from Washington to Aquia Creek 
by order of Captain Hall. I told him I never knew Captain 
Hall to give such orders. lie did not put the questions, or 
answers, or my statements, in writing. 1 remonstrated ivith 



125 

him about not putting the questions and answers in writing. 
I remained in that building in charge of an officer all the 
next night. The next day he sent me to the Old Capitol 
prison. The officer who conveyed me to prison showed me 
an order committing me, signed 'P. H. Watson, Assistant 
Secretary of War.' It was dated 21st January, 1863. I was 
not told why I was committed to prison. 

"I next saw Colonel Baker about the 8th of February at 
the prison. He asked me in regard to Mr. Pond and other 
sutlers taking goods from Washington to Aquia on Captain 
Hall's orders. I told him that I did not know of such trans- 
actions. He asked me if I wished to get out of that place ? I 
told him ' Yes.' He said that he had been in consultation 
with the Secretary of War, and that the Secretary had come 
to the conclusion that it was impossible for me to hold the 
position of harbor master without knowing of those trans- 
actions taking place. He said that he had had men come 
and offer to make affidavits that such was the case, and that 
1 must know of it; that 1 could not get out of there untit 
such had been cleared up ; that Captain Hall had been relieved 
three days previous, and that I might as well come out with it. 
I answered him, that if he ivas to keep me there until 1 should 
implicate Captain Hall, I would certaintly die there, because 1 did 
not know of any such transactions. He then left me, saying 
that he would call again, but he did not call to see me again. 
Previously to this last conversation, he had told me in his 
office that he had a right to go down to Aquia Creek, and 
if he did so to arrest any person, and if Captain Hall, Gene 
red Pedrick, or anybody else of higher authority up at the front, 
should say a word to him, he would be justified in shoothig them 
down, and that his officers all had the same power. And tchen J 
requested that he should put what I stated in answer to his ques- 
tions about Captain Hall in my affidavit, he said he would let me, 



126 

Captain Hall, and General Patrick, see who he was, and what he 
could do before he got through with the case. 

" On the 19th of February, I was released on paying the 
money which I had received. I did not see Colonel Baker 
after my interview with him on the 8th. When I was 
released, I gave a parole that I would not come south of the 
Susquehanna river during the war, on penalty of being 
arrested or imprisoned during the war. I was told that 1 
could not get released except on that condition. I am here 
now as a witness, having been subpoenaed, and having 
received permission to come from the Secretary of War. I 
think Colonel Baker and his officials knew, or had means of 
knowing, my address in New York. I received the subpoena 
signed by the Judge Advocate, dated 31st March, on the 1st 
of April, from Mr. Merriam. I have received no other sub- 
poena to attend before this Court." 

Direct examination resumed. 

" The order under which I was imprisoned, shown me, was 
dated from the War Department, 21st January, 1863, and was 
about in these words : ' The Superintendent of the Old Cap- 
itol prison will commit William H. Craig and keep him in 
close confinement until further orders from this Department. 
By order of the Secretary of War. P. H. Watson, Assistant 
Secretary of War.' 

" It did not state for what offence I was committed. I did 
not suppose I was to be put in prison for carrying sutlers on 
Government transports. I took it for granted that it was 
the ill feeling of Colonel Baker to have me confined in order 
to carry out the threat I have mentioned, and in order to be 
revenged on me for taking objection to his manner of exam- 
ining me. I did not consider any previous act of mine was 
a sufficient cause for my imprisonment. Before I was com- 



127 

mitted, I asked for a trial by a military commission or court 
martial. I asked this of Colonel Baker; I don't remember 
what his reply was." 

Re- cross-examination. 

" I understood from the conversation which I have mentioned 
with Colonel Baker, tliat if I knew anything to implicate Captain 
Hall, and reveal the same, I would be released." 

Adjourned. 

Aquia Creek, Va., April 7th, 1863. 
Court met at 9J a. m. 
Present, all the Court. 
Record of 6th inst. read and approved. 

James W. Forsyth, sworn for defence : 

" I am Captain in the 18th Infantry, United States Army. 
Have been six years in the regular Army. My position for 
the last four months has been Provost Marshal at Aquia 
Creek. I have been in the Provost Marshal's Department 
a year. I have known Captain Hall personally and offi- 
cially since about the 10th of December last. Have had 
official business with him. My position has given me the 
means, I think, as much as any officer not directly con- 
nected with the Quartermaster's Department could have, of 
forming an opinion as to Captain Hall's personal integrity, 
his character as an officer, and the manner in which he has 
discharged his duties as Quartermaster at this post. I have 
been greatly surprised at the alacrity, the ability, and dis- 
patch with which he has discharged his official duties. I 
don't think there is another officer in the volunteer service 
who could have succeeded so well in discharging those 
duties as promptly and efficiently. I should think that the 



128 

responsibilities and labors of this post would have required 
an officer of great experience in the Quartermaster's Depart- 
ment; but Captain Hall has succeeded with almost no assist- 
ance in filling his position with entire success, as far as I can 
judge. I was Provost Marshal at Harrison's Landing, and 
there, as here, was in frequent communication with the 
Quartermaster's Department. I have never had the least 
reason to doubt Captain Hall's personal integrit} 7 . 

"Have always received from him prompt and full co-ope- 
ration in the discharge of my duties as Provost Marshal. He 
has assisted me in every way possible. He frequently called 
my attention to the practice of shipping, under the names of 
officers, goods suspected of belonging to sutlers, or for sale. 
Such goods we're frequently stopped by his orders and turned 
over to me for examination. In accordance with an under- 
standing I had with Captain Hall, after a consultation with 
him, in which he requested me to take charge of all goods 
not manifested, I had an officer detailed and placed in 
charge of such goods at the warehouse. From my experi- 
ence in the Provost Marshal's Department, and my knowl- 
edge of the amount of business done at this post, I should 
say that Captain Hall has always done everything in his 
power to prevent the improper transportation of goods. Du- 
ring my absence for twenty-four hours, in the latter part of 
December last, Captain Rosenthal acted as Provost Mar- 
shal. On my return he turned over to me about thirty-five 
barrels of apples which Avere seized, as I understood, by Mr. 
Camp, a detective officer, on a barge at the wharf. These 
thirty-five barrels of apples were turned over to the 137th 
Regiment Pennsylvania or Hew York Volunteers, on a cer- 
tificate of a captain of a company in that regiment, that the 
apples were sent from friends at home as a present to his 



129 

company, and not for sale, and a certificate to the same effect 
from the master of the barge. 

" These papers are on file at the Provost Marshal Gene- 
ral's office. When I was absent in January last, Captain 
Van Horn acted as Provost Marshal. On my return he 
turned over to me a quantity of tobacco. Captain Hall had 
turned over to me some tobacco previous to that, a trunk 
containing 400 or 500 pounds, taken from a Mr. Ilawley, 
by Spear, the detective. Captain Van Horn turned it over 
to me, with instructions from the Provost Marshal General, 
to turn the tobacco over to the Quartermaster's and Com- 
missary Departments at this post, for the use of the em- 
ployees of those departments, to be distributed, as I under- 
stood, to the employees here by the heads of the Quarter- 
master's and Commissary Departments at their discretion. 
The tobacco was claimed by Ilawley repeatedly. The other 
day a person came from Washington with an order from 
Colonel Baker to me, as Provost Marshal, to deliver the 
tobacco to the bearer of the order, it being stated that it was 
originally purchased of him by Ilawley, and not paid for. 
The tobacco had long before been confiscated and turned 
over to the Quartermaster and Commissary in pursuance of 
the order of the Provost Marshal General. About the 15th 
of January, Captain Hall sent for me and told me that he 
had been informed that some of the employees of his De- 
partment, in responsible positions, had been employing Gov- 
ernment boats, the 'Eagle' and 'Tallacca,' to ferry sutlers 
over from Liverpool Point ; said he intended to have them 
arrested. It was concluded between Captain Hall and my- 
self to wait a few days to ascertain ii other parties besides 
those already known to him had not been engaged in the 
business. Next day Captain Hall went to Washington. I 
9 



130 

saw him on the boat; as he was to be gone but twenty-four 
hours, I told him that he had better deter the arrests till his 
return. Craig and some others were that evening arrested 
by Colonel Baker's detectives. It was the night of the 18th 
of January that they were arrested. I was informed of this 
on my return, having been absent at Headquarters that night. 
I received a written communication from Camp addressed 
to me concerning the thirty-five barrels of apples seized 
on the barge. I destroyed the communication, did not an- 
swer it." 

Judge Advocate here offers in evidence telegrams 5, 6, 7, 
and 8. Authenticity admitted. 

They are put in evidence. 

J. W. Forsyth, recalled for defence : 

" On or about the 18th January last, I went to Head- 
quarters Army of the Potomac, to see General Patrick 
about the detectives interfering within the limits of my 
jurisdiction. General Patrick went with me immediately 
to General Burnside's tent. After a conversation with 
General Burnside, he ordered me to arrest the whole of 
them, Colonel Baker included, if they came to Aquia Creek, 
and came on shore without a pass from the Secretary of 
War, or if they interfered within my department in any way. 
I then telegraphed an order, by the direction of the Provost 
Marshal, to arrest Camp that night and send him to Head- 
quarters. Next morning I came down to Aquia Creek, and 
arrested the two Spears, one of whom was at the time 
attempting to arrest Evans. Camp was that day sent up to 
Headquarters under arrest, and returned to my custody. 
(Telegrams 9 and 10, and Exhibit 34, offered in evidence by 
Captain Hall.) These telegrams, 9 and 10, I received on 
the 19th. J. P. Kimball is General Patrick's Adjutant 



131 

General. W. W. Beckwith is one of General Patrick's 
aides. I did not understand that it was necessary to wait 
for these telegraphic instructions to make these arrests. 
My verbal instructions from General Burnside and General 
Patrick were sufficiently explicit, and I should have made 
the arrests without waiting for the telegrams. Captain 
Hall did not interfere in any way with the arrest of these 
men, either by advice, proffered assistance, or otherwise. 
Neither he or any body else, except Colonel Rogers, had 
any knowledge of such arrests or the intention to make 
them. Captain Hall, or any body else, did not suggest my 
seeing General Patrick. I did it of my own accord and on 
my own suggestion, because my officers had complained 
that they could not discharge their official duties here 
without being interfered with by the detectives. On one 
day, it might have been the 20th January, I remarked in 
Captain Hall's presence, ' I wonder if there are any detec- 
tives coming on the boat to-day.' I know nothing about 
his telegraphing Captain Robinson on the subject ; did hot 
suggest his doing so. After he received an answer he told 
me that he had so telegraphed, and what answer he had 
received." (See Telegram 5, in evidence.) 

Captain Hall here offers in evidence Telegrams 11 to 19 
inclusive, for the purpose of placing before the Court all his 
telegraphic correspondence which has come into the hands 
of the Judge Advocate, relating to transportation of private 
property on public vessels, the Judge Advocate not having 
offered the whole of such correspondence in evidence, but 
only certain dispatches. Judge Advocate admits that these 
telegrams, with others not produced to the Court, were fur- 
nished from the Provost Marshal's office, War Department; 
those not produced had, in the Judge Advocate's opinion, 



132 

no relevancy to the case. Telegrams 11 to 19 inclusive, 
admitted in evidence. 

Captain J. G. Johnson, recalled for defence: 

" I have seen a reply of Colonel Ingalls to Telegram No. 
11, but whether such reply was a telegram or a letter from 
Colonel Ingalls, or an order from him in possession of the 
sutlers, I do not know." 



STATEMENT OP DEFENCE. 

When charges, serious and weighty, are brought against 
an officer in an official form, one of which, if substantiated, 
would justify his dismissal and cover him with disgrace; 
when he is summoned before a military tribunal to answer 
these charges, even if no one appear against him there, he 
owes it to himself, to his superiors, those who have honored 
him with their confidence and friendship, to demand a 
thorough investigation. This is the only apology 1 have to 
make for calling this " Court of Inquiry," and as soldiers, to 
whom honor is dearer than life, you will accept it, I am sure, 
as sufficient. You will all bear witness to the fact that I 
have thrown open the doors to the fullest and freest investi- 
gation possible, and that I have afforded every facility to 
those who know aught against my integrity as an officer to 
appear there before } r ou and testify to it. 

With the fearless consciousness of having discharged my 
official duties, difficult and delicate as they have sometimes 
been, to the best of my ability, with no stain upon my con- 
science, I desire to leave no spot upon the record of my 
official life. For this reason, I have welcomed this examin- 
ation, nor have I allowed myself for a single moment to 



133 

entertain a doubt of a complete and triumphant vindication 
from all the charges preferred against me. 

One startling fact has been developed in the course of this 
trial — that these charges have not grown out of an honest 
desire on the part of their prime movers to promote the 
public good, by bringing to justice an officer who has abused 
his trust, but out of motives of personal malice, and that 
the evidence produced to sustain them bears the same un- 
mistakable impress. It is a conspiracy born of malignant hate. 
Were it not for this, I should rest my case upon the evi- 
dence, and allow it to go before you without comment. 
"Damn them, then put my officers on board the imson ship down 
there" gives the key-note to the whole affair. 

I propose, first, to examine the evidence in support of the 
charges, taking up, as far as possible, each specification in 
detail, to show wherein it is inconsistent with itself, or con- 
tradicted by other evidence, and, finally, to show that these 
charges were made, not for the purpose of protecting the 
public good, but to gratify a spirit of revenge, and further, 
that the means employed to sustain them, in tampering with 
and endeavoring to influence the testimony of certain wit- 
nesses, were dishonorable and unlawful, if not criminal. In 
looking over the mass of testimony elicited during the course 
of this investigation, covering the entire history of my 
administration here, I find comparatively little which has 
any direct bearing upon the specifications of the charges, 
and shall pass over it in rapid review, selecting for comment 
only a few of the most important points. 

Camp, the confidential agent of Colonel Baker, first ap- 
pears upon the stand. A great portion of his testimony, in 
fact I may say all, has not the remotest connection with the 
guilt or innocence of Captain Hall. "One day," says he — 
it must be allowed that, for a detective officer, Camp's mem- 



134 

ory is strangely treacherous as to dates, to say nothing of 
other points — " One day, I seized three boxes of goods and 
a barrel, directed to ' Captain W. F. Pond.' " Does it ap- 
pear that Captain Hall is in any way implicated in this mat- 
ter, that he was privy to the deception practiced, or that he 
permitted those goods to be landed and forwarded to their 
destination ? In fact, it comes out in the testimony of that 
very same witness that the property was taken in charge by 
Captain Schermerhorn, of the Provost Guard. Again, about 
the 19th of December, this same Camp finds upon the wharf 
ten barrels of flour, with the simple address, "Major 
Newby." Now, because this detective, whose business it is 
to find out everything, happens to know that this Newby is 
not a major, but a baker doing business at Falmouth, Cap- 
tain Hall is guilty, according to the theory of the prosecu- 
tion, of knowingly permitting, in this instance, "the trans- 
portation, at Government expense, of private property intended 
for sale in the Army of the Potomac." 

If Camp had come to Captain Hall and said, " I have just 
found several barrels of flour on the wharf, marked 'Major 
Newby,' for the purpose of deception, this Newby being, to 
my certain knowledge, a baker," and the latter had refused 
to call the attention of the Provost Marshal to the circum- 
stance, then perhaps Camp's testimony would have amounted 
to something. Why was not "Major Newby " brought here 
to testify in the case ? How is it about those ten or twelve 
barrels of apples, through which Camp came to grief, and to 
occupy a snug apartment on board the "prison ship?" 
They proved to be, as testified by the Provost Marshal, a 
present to a Pennsylvania regiment, and Camp, for foolishly 
meddling with matters outside of his province, is arrested 
and placed on the prison ship, by order of General Patrick, 
Provost Marshal General of the Army of the Potomac. 



135 

I allude to one or two items more in the testimony of this 
swift and willing witness, to show how reckless he is in his 
statements: for instance, that the boy "Mike," he is confi- 
dent, is the son of Major Rhinehart; that he did not know 
that Marcus was arrested and held against his will ; that he 
has no recollection of having addressed a written communi- 
cation to Captain Fors} 7 th ; that the apples were on a Gov- 
ernment barge — in all of which points he is shown to have 
been mistaken, at least, not to use a harsher terra, which 
might seem justifiable, when we find from the testimony of 
Marcus, that Camp not only knew that he was arrested, but 
acted as jailor, and even refused him permission to go out 
for a moment for necessary purposes, saying to him dis- 
tinctly, " You can't go ; you are a prisoner." Far be it from 
me to suggest that Camp lied; no, for the honor of the pro- 
fession lie used to represent, I would feign hope that his 
memory was simply treacherous. 

In connection with the testimony just examined, it is 
proper to state that the Quartermaster here has no control 
over the shipments from Washington to this point, any fur- 
ther than to turn over to the Provost Marshal all goods for 
which there seems to be reason to suspect that they are ille- 
gally shipped. I respectfully submit to the Court, whether the 
Quartermaster at this point, with all the transportation for a 
vast army passing through his hands, can be expected to 
watch every box and bundle as it comes from the steamer, or 
goes upon the train ; or whether he ought to be held person- 
ally responsible for every fraud and deception practiced upon 
the Government, if now and then his stringent regulations 
are evaded ? 

I call your attention in the next place to the testimony of 
Farrel. He states, in substance, that some days before the 
battle of Fredericksburg he saw on board the " Wilson 



136 

Small" a lot of baker's tools, stoves and ovens, all marked 
on the sides, with oil paint he believes, " Capt. T. E. Hall, 
A. Q. M." That a few days after he saw those same ovens 
in operation at or near Falmouth, "with the marks still upon 
them., if I am not mistaken." (I quote his exact language.) This 
is the onl} T way in which the ovens are identified as being 
the same that were seen on the boat. In his cross-examina- 
tion he is not sure of having seen more than one oven so 
marked, and upon being questioned as to the manner in 
which those ovens were put up, the man goes on to give a 
very minute description. " Piers were built on the ground, 
planks over them, then a hearth, the ovens set in the hearth, 
and an arch turned over the ovens. The arch was of brick, 
four inches thick, laid in mortar or clay," and yet if " he is 
not very much mistaken" his eyes have a penetrative power 
sufficiently great to discern through that four-inches thick- 
ness of brick laid in mortar or clay, the name " Capt. T. E. 
Hall" written upon the side of the ovens, notwithstanding 
that the marks /were made with oil paint, and that the ovens 
had been in operation. Eyes that can see through four inches 
of brick and mortar, can certainly see the name "Capt. T. 
E. Hall" where it is not. I submit to the Court if he might 
not have received that marvelous gift of sight in that myste- 
rious private office in Washington, where he had been the 
day previous closeted with Colonel Baker ? 

Passing over the further proofs of his mendacity, in that 
in his testimony he is contradicted in four or five different 
points by Captain Gardner, I call your attention to the 
statement elicited in his cross-examination, which shows con- 
clusively that he is utterly unworthy of belief. He swears 
positively that he personally applied to Captain Hall for his 
signature to the order of transportation on the 20th of Feb- 
ruary. He is precise as to dates ; consults his memorandum, 



137 

and cannot be mistaken. " This was the day after the goods 
arrived at Aquia ; the next day I got it — that is Captain 
Hall's signature. I first applied on Friday morning, got it 
Saturday evening; goods arrived Thursday, Friday was the 
20th of February." 

Harlan Moore, the private clerk of Captain Hall, employed 
in his private office, testifies (referring to his diary) that Cap- 
tain Hall was not here on the 20th or 21st of February; 
that he left for the North on the 18th of February, and re- 
turned on the 3d of March, and that he was here no time 
during that interval. 

I respectfully submit to the Court whether the entire testi- 
mony of Farrel should not be rejected as false. 

The bread question comes next in order. It is maintained, 
and not denied, that boxes of bread marked " Captain T. 
E. Hall" came by Government steamers from Washington 
to this point, and that said boxes were taken to the store of 
Hall & Pond, and there sold. The respondent not only ad- 
mits that he authorized the transportation, but that he actu- 
ally recommended it as being in no way detrimental to the 
service, but in a high degree beneficial ; but as far as mark- 
ing the goods in his name is concerned he declares, and 
proves by testimony, that he was in no wa} 7 privy to it, and 
that as soon as the fact came to his knowledge he ordered 
the practice to be discontinued. Ou what grounds does he 
defend the act ? It appears from the evidence that the bread 
was much needed here; that there was no bakery in opera- 
tion, and that there was a great demand for something be- 
sides the hard biscuit furnished by the Government. Haw- 
ley, who shows no friendly disposition towards Captain Hall, 
admits that there was a "great rush" for this bread, and that 
it was not expensive at ten cents per loaf. It further ap- 
pears that Captain Hall regulated the price of the loaves? 



138 

and directed tliat it should be sold, as far as possible, to 
Government employees, and in small quantities, never more 
than ten loaves to one man. 

I pass over, for the present, the second and third specifi- 
cations of the first charge, for the simple reason that there is 
not one particle of evidence to sustain them, and much to 
prove that they are utterly false, but propose to allude to 
them again in my remarks upon the manifest connection of 
Colonel Baker with this whole transaction. 

We come now to the second charge, " Gross neglect of 
duty." (Specification 1st.) 

If I attempt to analyze all the testimony produced in refer- 
ence to this specification, I shall exhaust your patience before 
arriving at more important matter, and should insult the 
intelligence of this Court. Who are the men who appear 
before you in support of this accusation ? Are they those 
who enjoyed the best facilities of knowing how Captain Hall 
discharged his official duties ? On the contrary, we have 
the concurrent testimony of officers and clerks, of all those 
who have anything to do with the business of this Depart- 
ment, that he has taken the utmost precaution, that he ha s 
established the rnost stringent regulations to prevent public 
transportation being used irregularly for private purposes, 
and that he has repeatedly discharged clerks for not strictly 
enforcing them. More than this, we have the testimony of 
Colonel Ingalls, that he has granted discretionary power to 
the Quartermaster here to furnish Government transporta- 
tion to private parties when not detrimental to public ser- 
vice, and not the shadow of an attempt has been made by 
the instigator of these charges to show that in any in- 
stance when such transportation has been granted by Cap- 
tain Hall, it has interfered in the slightest degree with the 



139 

proper transaction of the business belonging to the De- 
partment. 

On two occasions, which are upon record in the testimon}^, 
the instigator of these charges has taken advantage of his 
official position to thwart the measures taken by Captain 
Hall to prevent frauds upon the Government in the matter 
of transportation. Marcus, while in the employ of Captain 
Hall, and in the discharge of his duties as a confidential 
agent, is arrested by order of Colonel Baker, although the 
latter says "he has nothing in the world against him," and 
confined for a time as a prisoner. 

On another occasion, Captain Forsyth, having seized and 
confiscated a quantity of tobacco belonging to one Hawley, 
and smuggled within the lines of the army of the Potomac, 
received au order from Colonel Baker to restore the property 
to the owner. I beg you to examine Captain Forsyth's tes- 
timony upon this point. 

I shall have occasion hereafter, to examine several items 
of testimony which have a bearing upon this specification, 
when I reach the third specification of this charge. 

We see upon the margin of the second specification, as the 
witnesses who are to sustain it, " the employees at Aquia 
Creek," and yet, one Brown is the sole witness placed upon 
the stand whose testimon}' goes at all to sustain it. It may 
not be too uncharitable to insinuate, that this Brown may be 
one of those willing witnesses, who go round to Colonel 
Baker's office to volunteer affidavits. 

Brown testifies that he was employed by Mr. Hall — the 
brother of the respondent — to put up a sutler's shop, and 
that a portion of the lumber used was Government 'lum- 
ber, and in this part of his testimony, although he is wild 
in his estimates of the quantity used, he is correct in the 
main. Hall testifies that, not having lumber enough of his 



140 

own to complete the building, he borrows enough to supply 
the deficiency from Thompson, master mechanic at this 
post. Thompson testifies that he loaned the lumber to 
Hall upon his own responsibility, and without the knowledge 
or consent of Captain Hall, because as he says, "he felt it was 
not quite right, and knew Captain Hall would sustain him in 
nothing wrong." Brown asserts that the six workmen en- 
gaged in the construction of the building with him, were 
furnished him from the employees in the Quartermaster's De- 
partment. On the other hand, Thompson declares that the 
men were not so furnished ; that with one exception their 
names were not on his rolls. Four of them had just arrived 
from the North, and because there was nothing for them to 
do in the Quartermaster's Department were directed to apply 
to Brown for employment. The one whose name appears 
upon the rolls worked only one day on the building, and 
that was Sunday, when he was off duty. 

Throughout his testimony Brown shows a disposition to 
misrepresent, to construe everything so as to make it bear 
as heavily as possible upon Captain Hall. Observe that he 
over-estimates the quantity of lumber borrowed from Mr. 
Thompson, and under-estimates the quantity furnished by 
Mr. Hall, although he professes to be an old carpenter, and 
skilled in making such estimates. Observe, too, that in 
repeated instances he states, as positive knowledge, what 
must have been impressions. Compare with the straight 
forward testimony of Thompson. I" respectfully submit 
whether the latter is not, of the two, the more worthy of 
belief. Consider, moreover, that in every point where they 
testify concerning the same matter, Hall and Thompson con- 
firm each other's testimony. 

Let us pass to the examination of the third and last spe- 
cification of this charge. It resolves itself into two points. 



141 

Did Captain Hall at any time become "interested in, or fur- 
nish facilities for a sutlers' business with his brother;" and 
second!}', "was he at any time knowing and aiding, in viola- 
tion of orders, in an attempted sale of liquors through this 
sutler." Upon the first point we have the sworn declarations 
of both Hall and Pond, that Captain Hall is not, and never 
has been in any way, either expressed or implied, interested 
in their business, and there is no evidence adduced to con- 
flict with their statements. In what respect did Captain 
Hall furnish Government facilities for a sutlers' business 
with his brother? 

It is maintained by the prosecution, and admitted by the 
defendant, that he authorized the transportation by Gov- 
ernment steamers from Washington to Aquia Creek, of a 
number of boxes of clothing, and that said clothing was 
taken to the store of Hall & Pond, and there sold. The act 
is not only admitted, but defended. Look at the facts. The 
workmen were without money, and suffering for want of 
clothing, so that, according to the statement of Torrence, 
their foreman, "many of them were obliged to stay in camp," 
and the Government was deprived of their services, although 
at that time much needed. Nay, more : the Government 
wa*s to pay them wages for the time thus spent. Bear in 
mind that these were colored laborers, and surely it will be 
admitted that they were entitled to all the facilities the Gov- 
ernment could afford them. The proprietor of the only 
store here makes the proposition that he will furnish the 
clothing on credit to the employees, at reasonable prices, 
provided the Quartermaster's Department will furnish trans- 
portation for it from Washington. The clothing was so 
furnished, and so sold. The respondent has no fears that he 
is to be ceusured by this Court for the act. On the con- 



142 



trary, does he not deserve credit for devising means to 
relieve the Government from its dilemma? 

As to the transportation of bread, I have already com- 
mented sufficiently upon that matter, and need not refer to 
it again. So far from furnishing extraordinary facilities to his 
brother, or Hall & Pond, Captain Morris testifies that he fur- 
nished no facilities; that Pond had often complained to him 
to that effect. 

I invite your attention now to the second part of the spe- 
cification, which rests wholly upon the letter of Dr. White— 
"Post Surgeon," as he styles himself, to General Patrick — 
and his own testimony on the stand. "Fallible and weak 
as I am," I trust I am strong enough to meet any attack 
coming from that quarter, although it be made with that 
"Esculapean sickle," and those "terrible missiles," which 
are sometimes hurled with such tremendous power against 
"pie, whiskey, and rumsellers generally." 

I ought to apologize for not passing over this subject in 
contemptuous silence; and this I would do if he would dis- 
play some of that "agility" which he describes as possessed 
by Captain St. John, and depart to parts unknown. I submit 
to the Court whether that letter is not a " villainous com- 
pound" of stupidity, malice, hypocrisy, and falsehood. I 
believe that I could show, by an analysis of it, and by com- 
paring it with his testimony, that the writer is mentally 
incompetent to give evidence. It is an outpouring, in bad 
English, of impotent spite against Captain Hall. 

This Dr. "White, who " trusts he is here on a mission of 
mercy and blessing," who exclaims with virtuous emphasis, 
"God forbid that I should harm the hair of an innocent 
head," sits down and deliberately pens a communication to 
the Provost Marshal General of the Army of the Potomac, 
almost every line of which, if it does not extol himself, con- 



143 

tains some false or blackening insinuation, against the char- 
acter of Captain Hall. 

There are two ways of telling a falsehood, between which 
honorable men make no distinction, straightforward, manly 
lying, if these terms can be so applied — and inuendoes, in- 
sinuations, with the intention of producing a false impres- 
sion. I submit to the Court wmether the letter in question — 
for it is evidently directed against Captain Hall — is not in- 
tended to produce a false impression in more than one re- 
spect. 

Let us notice, in connection with it, his testimony, and 
compare this testimony with that of the two St. Johns and 
Hall. 

Dr. White, adding to his very arduous duties as " Post 
Surgeon," that of detective, sets out on one of his morning 
peregrinations in search of some "small adventure" or " to 
take the points." He comes to the sutler establishment of the 
Quartermaster's brother. "I entered," he says, "early in the 
morning, and inquired patronizingly, if I could procure some 
good liquors for hospital purposes." Now compare this with 
his testimony on the stand. "A man, a stranger to me, in 
the store, asked me if I did not want some good liquors for 
hospital use ? I was informed that I could get all I desired, 
and a man was soon produced eager to sell me fifteen barrels 
of pure home-made grape wine, of course." Observe that these 
words commencing with "fifteen barrels," &c, are under- 
scored, nor is the word "wine" mentioned again in the letter, 
and the natural impression left upon the mind is, that the 
liquor in question was some "villainous compound" other 
than wine. Dr. "White's testimony is contradicted by the 
emphatic declaration of Captain St. John, his son, and Mr. 
Hall, in at least a dozen diffierent points. I quote a few of 
them as illustrations. 



144 

White. "Mr. Hall said he would take the wine, pay for 
it, and keep it, and deal it out upon my order." 

Mr. Hall. " Captain St. John said he had some wine, 
and asked if I would take it. I declined positively. Dr. 
White then said you ought to take a case of it, and keep it 
for hospital purposes, and issue it on my order." I told 
him I did not -want it, for it would cause me mOre trouble 
than a little. He said, "I will give you an order, and shall 
insist upon your keeping it." 

Again hear Dr. White. "He said," referring to Captain 
St. John, " 'If you haven't got the money, Captain Hall says 
he will lend it to you.' " 

St. John. "I got no message from Captain Hall to take 
to him. I suggested to the Doctor that Captain Hall would 
perhaps store it, and pay for it, till he could get ready to 
take it. This was my own imagination." 

Dr. White. "The latter," meaning Captain St. John, 
" said he had fifteen barrels of pure grape and blackberry 
wine on a schooner not far from the wharf." 

Captain St. John. " I had thirty-six cases, and a barrel of 
blackberry wine, and twelve gallons of grape wine in a keg. 
I did not tell the Doctor I had fifteen barrels of wine, and fur- 
ther, I had not that, nor half that, at any time. I cleared my 
schooner with what I had on board, on the manifest." Again : 
read Dr. White's graphic description of the " terrible volley" 
of abuse that he poured out ; the virtuous ebullition, as he would 
have us believe, of an honest heart, that so frightened this sea 
captain that, though he could brave the dangers of the ocean, 
and gaze unmoved upon the storms of the elements, at this " ter- 
rible volley" " he jumped up, and with the agility of a rabbit fled 
to parts unknown. Listen to Capt. St. John's statement of the 
same : "All that the Doctor said was to express his regret that he 
could not have the wine, and they parted as they had met. on 



145 

friendly terms." I submit to the Court, whether the testimony 
of Dr. White, thus shown to conflict with the statements made 
in liis letter, and contradicted in every material point by the 
declarations of three witnesses, is entitled to credit. " For the 
credit of the noble and glorious profession which he has the 
honor to represent," may we not impute a portion of this " vil- 
lainous compound" of malice, hatred, and falsehood, spiced with 
egotism, and served up in bad English and worse grammar, to 
the mysterious influence of that -new disease which seems to be 
somewhat prevalent in his hospital at the present time ? 

As a fit conclusion to this remarkable paper, and an instruc- 
tive comment upon it, comes the last specification. " That the 
said Captain T. E. Hall, whilst in charge of the Quartermas- 
ter's Department, did bribe, or attempt to bribe, a Government 
telegraph operator to suppress or alter messages." Neither 
the date of the act, nor the names of the witnesses who are to 
testify to it, are mentioned ; but upon the margin appear these 
words, " Colonel Baker, Provost Marshal of the War Depart- 
ment, makes these charges." 

The charge recoils upon the head of the framer. If he had 
any reason sufficiently strong to justify the insertion of it in 
the indictment, why does he not appear upon the stand and tell 
us what it is ? He leaves us to explain that, and what is the 
most natural explanation ? Colonel Baker was evidently con- 
fident that he should, in some way or other, upon some one of 
the charges, get Captain Hall convicted and cashiered. Now, 
when an officer has been cashiered, men do not stop to inquire 
whether he is guilty on one or all of the charges preferred 
against him. He has been found guilty and cashiered, that is 
enough, and the more formidable the array of specifications, the 
heavier the odium, and the more damning the disgrace. Is it 

* See letter of Dr. Wright to Mr. Wright. 

10 



146 

too uncharitable to suppose that Colonel Baker may have thought 
of this, when he introduced into the indictment not only this, 
but several other specifications, for which there is scarce a 
shadow of evidence ? 

The respondent, in order to place his innocence above all 
suspicion, has summoned all the employees of the telegraph 
office into this Court to reveal whether or not he has ever at- 
tempted to tamper with them. You have heard their testimony. 
It does appear, however, that there has been tampering ! Who 
is the guilty one? Who but the confidential agent of Colonel 
Baker ! 

There is one charge, made after the Court has been in ses- 
sion nearly two weeks, and resting upon the testimony of a 
single witness, which seems to come under no specification in 
the indictment. I refer to that contained in the affidavit of 
Charles Cheney. This witness has made two affidavits. Let us 
look a little into their history. 

The first is made on the 27 tli of February, in the presence of 
Colonel Thompson, at the Headquarters of the Army of the 
Potomac. On the 19th of March, Cheney appears before Col- 
onel Baker, in Washington, and is delivered, with Colonel Ba- 
ker's help, of another affidavit. The first contains but little 
matter relative to the case ; opens with a setting forth of his 
private grievances against Captain Hall, and closes with sev- 
eral random statements, such as : " He has reason to believe that 
Captain Hall is interested with Beebee in the profits of his mess 
house ; that Captain Hall's brother has a sutler's shop kept in 
a public building, and getting public transportation for his sup- 
plies ; that he has heard that Captain Hall is interested in the 
hiring of Government steamers to transport private stores and 
sutlers' supplies ; that the deponent has paid to Craig, Captain 
Hall's harbor master, $25 for towing his vessel with a Gov- 
ernment tug." 



147 



The point I wish to mark here, and it is a very important 
one, is that the deponent, so far from suppressing anything that 
could possibly injure Captain Hall, shows, in stating what he 
he has heard and what he supposes, an evident desire that the 
case shall go hard with him. Let us notice now the circum- 
stances under which that second affidavit is taken. Colonel 
Baker finding after the trial had been going on two weeks that 
he had not so strong a case as he imagined ; that, after all his 
efforts, his victim is likely to escape from his grasp, casts about 
for more evidence ; Camp, the indefatigable Camp, is set at 
work, and after a five days' unsuccessful search for Cheney, the 
two meet, singular coincidence, in Colonel Baker's office. 

In this second affidavit Cheney goes over once more the story 
of his grievances, for that subject seems always to be upper- 
most in his mind, and there — I leave you to infer under what 
influences— his memory suddenly brightens up, and he re- 
lates how he once bribed Captain Hall. Why was this fact, 
this all important fact in his testimony, suppressed in his first 
affidavit ? Was it from any kindly feeling towards the de- 
fendant, an unwillingness to disclose anything that would be 
used against him in this trial ? Certainly not, for every line 
of that affidavit seems to have been inspired by malevolence. 
Have we not here strong presumptive evidence that the wit- 
ness perjured himself when he uttered and swore to that charge 
of bribery ? This presumption grows into positive proof when 
we consider another circumstance, that, at the very time when 
Cheney alleges he approached Captain Hall, and offered him a 
hundred dollars for permission to sell his goods, he had in his 
pocket the permit of the Provost Marshal to do that very thing, 
and under that authority had already sold three cargoes. 
Under no circumstances had Captain Hall power to grant him 
such permission ; that matter was outside of his province, and 
under the absolute control of the Provost Marshal. 



148 

And yet this Cheney, with this permit in his pocket, comes to 
Captain Hall, makes his offer, infers from his manner that he 
accepts the bribe, and. then goes off, and without interference 
from any quarter disposes of his cargo. Let ns suppose him, 
interrupted in the sale by the Provost Guard, and his goods 
seized. Would he have said, " Gentlemen, you have no right to 
do this, for I have just seen Captain Hall, and have inferred 
from his manner that I might land and sell these articles," or 
would he have simply taken from his pocket the paper given 
him by Captain Forsyth, and said, "Here is my authority, stand 
aside?" 

The whole story is as stupidly concocted as it is wickedly 
false. 

I have spoken of the first part of Cheney's affidavit as unim- 
portant, as irrelevant to the case; and it is so, except as it fur- 
nishes further proof of his mendacity, in that he is contradicted 
in at least a dozen different points "by the positive declarations 
of Mr. Wright. I have not time to dwell upon this subject, 
and beg you to compare the testimony of these two witnesses. 

I have purposely reserved the examination of the second and 
third specifications of charge second until now, for the double 
reason, that there is scarce a shadow of evidence to support 
them, and that they exhibit more clearly than the other charges 
the malice that has caused this prosecution. Whatever testi- 
mony there is in support of specification third, is contained in the 
closing sentence of Cheney's first affidavit. Admitting that in 
this he told the truth, that he did pay Craig $25 for towing his 
vessel with a Government tug, it is clearly proved from the 
testimony of the latter that Captain Hall was in no way privy 
to the act. 

The Windmill Point affair is disposed of in a few words. 
It may throw a little light upon the origin of this charge, when 
we consider by whom it was preferred, that upon the back of 



149 

Mr. Holland's order of transportation, put in as evidence by 
the prosecution, are written these words : "Dr. McMillan is a 
sutler." "What are the simple facts of the case? 

Dr. McMillan, Medical Purveyor of the Army of the Poto- 
mac, applies to Captain Hall to furnish transportation for hos- 
pital and medical supplies, designed for the new hospital at 
Windmill Point, which request was of course granted. Some- 
body, hoiceuef, I leave you to infer who, either from ignorance, 
suspicion, or wishing to set up some plausible pretext for thrust- 
ing this specification into the indictment, gives out that this 
"Dr. McMillan is a sutler." 

The Liverpool Point affair, so far as the guilt or innocence 
of Captain Hall is involved, requires only a passing notice. 
The testimony of Colonel Ingalla covers the whole question. 
" I left," he says, " discretionary power to Captain Hall as to 
extension of accommodations and facilities to sutlers." In most 
cases, where Captain Hall has furnished such facilities, he has 
had special orders to that effect from headquavters. On one 
occasion, as Captain Johnson testifies, when importuned by cer- 
tain sutlers to bring their wagons and supplies from Liverpool 
Point, he steadily refused to do so until he had first asked 
instructions from Colonel Ingalls. He telegraphed to him, and 
received a reply. That answer has been lost, but Captains 
Johnson and Morris are both certain that they have seen that 
reply, and that it authorized Captain Hall to furnish the trans- 
portation requested. Rarely has Captain Hall availed himself 
of that discretionary power, and in no instance to the detriment 
of the public service. Never has he sent a Government steamer, 
upon his own responsibility, expressly to transport sutlers. 

It is evidently not so much the intention of the prosecution, in 
framing these charges, to show that Captain Hall had been too 
liberal in extending facilities to sutlers, but that he was impli- 
cated in what is known as the " Tallacca affair." This appears 



150 

from the closing words of the charge, " and did receive money for 
the same," and from the fact that the names of Craig and Evans 
appear on the list of witnesses to sustain it. The history of 
this affair is simply this : On the night of the 15th of January, 
Craig, Evans, and Seager, employees of the Quartermaster's 
Department, were bribed by certain sutlers to use the Govern- 
ment steamer "Tallacca-" to bring over their wagons and sup- 
plies from Liverpool Point. It was done with the utmost secresy, 
and every possible precaution taken to prevent the affair from 
coming to the knowledge of Captain Hall. Captain Hall did, 
nevertheless, hear of it, and soon after its occurrence, but, as 
appears from the testimony of Captain Forsyth, thought best 
to wait a few days before taking action in the premises, for 
further developments, in order to implicate other parties. 
Colonel Baker, however, steps in; Craig is carried to Washing- 
ton, and thus Captain Hall's design is thwarted. 

And now, may it please the Court, as I proposed in my open- 
ing remarks to show that these charges had grown out of per- 
sonal malice, and not from an honest desire to protect the 
public good, in addition to the evidence already elicited on this 
point, I invite your attention to the manifest connection of 
Colonel Baker with the " Tallacca affair," and the testimony of 
Baxter, Craig, and Marcus. Baxter is brought before Colonel 
Baker on the 19£/i of March, the very day that Cheney's second 
affidavit is prepared. For several days previous, as he himself 
says, when placed upon the stand, he had been approached by 
the detectives Camp and Spear, who knew well enough that he 
had been discharged for drunkenness by Captain Hall. Camp 
tells him that it must be he knows something against Captain 
Hall, if he would only tell it ; that Captain Hall has taken 
strong ground against Colonel Baker, and he (Baker) wanted 
to get him cashiered. Baxter assures him, on his honor as a 
gentleman, that he knows nothing derogatory to the honor of 



151 

Captain Hall. He avoids his persecutors — " goes elsewhere to 
get his toddies." But one day Camp finds him at Willards'. 
Baxter has been drinking. The quick eye of Camp detects 
this fact. He seizes his opportunity, and brings him into Col- 
onel Baker's office. He is there examined, although he protests 
that he is not in a fit condition to give his testimony, and begs 
to give it before the Court. After that examination, although 
he oifers to give security for his appearance here, he is put in 
charge of an officer, carried to a hotel, locked into a room all 
night, and brought hither the following morning as a, prisoner. 
Baxter swears, when called upon the stand (he is sober then) 
that the affidavit read to him by the Court is .'pot the one read 
to him and signed in Colonel Baker's office; that it contains 
statements not true, and materially different from those he 
intended to swear to. Alas, for Colonel Baker that Baxter 
was not another Cheney ! 

If anything were wanting to prove the malice which actuated 
these charges, we have it in the testimony of Craig. It is the 
most remarkable upon the records of this court. It draws 
aside the curtain, and gives us a glimpse into the mysteries of 
the Chief Detective's office, into all that secret and subtle 
machinery which moves at his bidding to accomplish whatever 
he trills. Let us trace Craig's history after the " Tallacca 
affair." On the morning of the 18th, Spear, who, like Camp, 
seems peculiarly fitted to do the dirty work of his master, 
comes to him witli a lie in his mouth, and tells him he is wanted 
in Washington, to testify against General Meigs. He goes, for 
he believes that Camp is armed with authority from Colonel 
Baker to compel him if he resists. It must be apparent that, 
even at this early period, Colonel Baker was privately plotting 
schemes of revenge against Captain Hall, and had determined 
" to get him kicked out of the service" at any cost. He gets 
possession of Craig, takes him alone into his private office, 



152 

and there questions him about the " Tallacca affair." The 
witness objects to. answering, on the ground of criminating 
himself. Hear the reply of this Arch Inquisitor : "Z am tJie 
sole judge. Answer such questions as I put to you, or I will send 
you to the Old Capitol Prison." With this threat suspended 
over him, Craig reveals everything ; but Colonel Baker is not 
satisfied, Captain Hall is not implicated, and the object of the 
examination is defeated. Foiled in his purpose, Colonel Baker 
gets an order from the Secretary of War, and Craig, after re- 
maining nearly three days in the hands of the detectives, is 
committed to the Old Capitol Prison. The order reads thus : 
" The Superintendent of the Old Capitol Prison will commit 
William H. Craig, and keep him in close confinement until 
further orders." This whole transaction calls to mind the 
stories of the old Spanish Inquisition. Craig is imprisoned. 
Why ? Not because of his complicity in the " Tallacca affair," 
but because he still persists in not implicating Captain Hall, in 
not adding to the error already committed the crime of per- 
jury. "Close confinement" in the dungeon of the Old Capitol 
will yet bring him to terms, and Colonel Baker will be able to 
draw up a new affidavit, in which all the questions and answers 
can be placed. On the 8th of February, Colonel Baker comes 
to the witness in prison, with a falsehood on his lips, that Cap- 
tain Hall has been relieved from his post, and tempts him still 
further. He appeals to one of the strongest principles in the 
human breast — the love of liberty. " Do you wish to get out of 
this place, then criminate Captain Hall." " If you keep me 
here till I die I shall not criminate Captain Hall, for I do not 
know of his connection with any of the transactions you de- 
scribe." So the tempter leaves him. Now what is to be done? 
Colonel Baker, finding that he cannot make a willing tool of 
Craig, as he had hoped, determines to get him out of the way. 
He is accordingly released from prison, on giving his parole 



153 

that he will not come south of the Susquehanna during- the war, 
on pain of imprisonment for the remainder of its duration. No 
wonder that this trial goes on day after day, and week after 
week, and yet no Craig appears. The Judge Advocate has 
done his whole duty in the premises, has placed a subpoena in 
the hands of Baker's detectives, who ought to know where this 
important witness can be found, and yet they search in vain. 
What is the explanation ? Colonel Baker knows that, so far 
from helping to criminate, the testimony of this man will vin- 
dicate the accused, for he has heard it from lips whose truth- 
fulness neither threats nor promises could shake. And yet — 
mark the duplicity of this man — he causes Craig's name to be 
placed first on the list of witnesses to criminate Captain Hall, 
for the double purpose of preventing his being summoned for 
the defence, and that he might insinuate hereafter that Captain 
Hall put him out of the way through fear and a consciousness 
of his guilt. To prevent the possibility of such a suspicion, at 
the eleventh hour, after it becomes evident that Colonel Baker 
has no intention of producing Craig, the defendant takes the 
matter into his own hands, and we know the result. One thing- 
more, and we have done with Craig. It appears that during 
his illegal detention in Colonel Baker's office, he made an affi- 
davit. What has become of this document? Why is it not 
put in as evidence, by the prosecution ? It has been " lost" or 
" mislaid" — fortunate accident ! How much more fortunate for 
Baker it would have been if Craig, too, had been " lost" or 
"mislaid." Colonel Baker did not dare to lay that affidavit' 
before the Court. Why ? Hear Craig : " He (Colonel Baker) 
asked me if Captain Hall was interested in the transaction of 
ferrying over the sutlers for money ?" " I answered, No. He 
did not put this in my deposition, though I requested him to 
do so." 

The man who can manufacture evidence to sustain his case 



154 



will not scruple to suppress evidence which weakens it. Col- 
onel Baker told the truth when he said to Craig, " I will let 
you, Captain Hall, and General Patrick see what I am and 
what I can do before I get through with this case." He has 
verified his threat. He has done everything to secure my con- 
viction which unscrupulous malice, directed by consummate 
shrewdness, could accomplish. I neither fear him nor his 
emissaries, though they are invested with power to " shoot 
down" whomsoever may cross their path. Open violence is 
always less to be dreaded than secret intrigue. 

Wishing to leave no foothold even for suspicion, ignorant of 
any act during my whole official life which I could wish to 
have concealed, I have thought myself justified in prolonging 
somewhat the sessions of this Court, in order to call upon the 
stand those who have known me longest and most intimately 
in an official capacity, who have had the best facilities of pass- 
ing judgment upon the manner in which I have served my Gov- 
ernment, that you might hear their testimony. It is with proud 
satisfaction that I place their names against those of my 
accusers. Upon their testimony it would be indelicate for me 
to comment. It stands upon the record, and upon that record 
I can live. Planting myself upon it, confiding in your im- 
partiality, asking no sympathy; but, demanding justice, with the 
consciousness of my innocence, and a firm faith in a God who 
protects the right, I submit my case into your hands, and 
calmly await your decision. 

T. E. Hall. 

EXTEACT FEOM THE EEPOET OF THE COUET. 

The Court cannot close its review of the evidence, without 
referring to the unanimity of the testimony of all the officers 
and principal clerks of the Quartermaster's Department at 
Aquia Creek, the chief and all the other officers of the Com- 



155 

missary Department, the superintendent of the railroad, the 
ordnance officer at the post, the Provost Marshal, the Medical 
Purveyor of the Army of the Potomac, the Colonel command- 
ing the post, the masters of Government transport vessels, the 
commander of the naval squadron at this station, the com- 
mander of the gunboat Yankee, the Chief Quartermaster of the 
Army of the Potomac, and other officers of high rank, and 
respectable civilians, as to the good character of Captain Hall 
for personal integrity, and especially as to his entire faithful- 
ness and his uncommon energy and efficiency as an officer. 

The members of this Court, after having devoted a month to 
the careful and, as they believe, thorough prosecution of this 
inquiry, having remained all that time at Aquia Creek, and 
having made a careful inspection of the warehouses, clerks' 
offices, mess house, quarters, vessels, manner of conducting the 
business and keeping the accounts of the department at Aquia 
Creek, feel bound to say that the result of their own observa- 
tions fully sustains the high praise awarded to Captain Hall 
by these numerous witnesses, and that they believe his contin- 
uance on duty at his post would be, as it has been, promotive 
of the best interest of the service. 

Asher Leidy, 
Col. 99th Pa. Vols., President 
Geo. Hastings, 
Ifajor and Asst. Judge Advocate. 



GENERAL HOOKER S ORDERS UPON THE REPORT OF THE COURT. 

Headquarters Army of the Potomac, 

Camp near Falmouth, Va., April 15, 1863. 

General Orders, 1 
No. 42. / 

I. A Court of Inquiry, of which Colonel A. S. Leidy, 99th 
Pennsylvania Volunteers, is President, having convened at 



156 

Aquia Landing, Ya., in obedience to Special Orders, No. 69, 
Headquarters Army of the Potomac, dated March 11th, 1863, 
to examine into certain charges preferred against Captain T. 
E. Hall, Assistant Quartermaster, relating to his official con- 
duct while in charge of the Quartermaster's Department at 
Aquia Landing, Va., and the report of said Court having been 
transmitted to the Major General commanding, the following- 
are the orders thereon : 

After a most exhaustive investigation of the facts, the Court 
is of the opinion that there is no evidence to sustain the facts 
alleged against Captain T. E. Hall, and that his conduct has 
been that of an efficient and faithful officer since his connection 
with the Quartermaster's Department at Aquia Landing, Va. 

II. The action of the court is approved, and its opinion con- 
curred in. 

III. The Court of Inquiry, of which Colonel A. S. Leidy is 
President, is dissolved. 

By command of Major General Hooker : 

S. Williams, Asst. Adjt. General. 



APPENDIX. 



CORRESPONDENCE AND DOCUMENTS CONNECTED WITH THE ORIGIN 
OF THE CHARGES. 

Letter of Colonel Ingalls to General Patrick. 

Headquarters Army op the Potomac, Office of Chief Q. M.. 

Camp near Falmouth, Va., February 26th, 1863. 

General: I had the honor yestei'day to refer to you certain papers touch- 
ing the conduct of Captain Hall, A. Q. M., Volunteers, in charge of the 
Quartermaster's Depot at Aquia, prepared by Lieutenant Colonel Ambrose 
Thompson, A. Q. ML, and to ask that you would take such further action in 
the premises as might seem called for. Last night I received similar papers 
from the Quartermaster General, submitted by L. C. Baker, Provost Marshal 
of the War Department, which I herewith lay before you for your action. If 
in your opinion from evidence within your reach, Captain Hall should be 
brought before a Court of Inquiry or Court Martial, I desire you will please 
so recommend. 

I am, very respectfully, your most obedient servant, 
(Signed.) RUFUS INGALLS. 

Chief Quartermaster. 
General M. R. Patrick, Fro. Mar. Gen., Army of the Potomac. 

W. G. RANKIN, 
Capt. 13th Inf'y, and A. Q. M. 



Colonel Ingalls to General Meigs. 

Headquarters Army of the Potomac, Office of Chief Q. M., 

Camp near Falmouth, Va., February 26th 1st;.:. 

General M. C. Meigs, Quartermaster General If. S. Army, Washington: 

I have the honor to acknowledge the receipt of your letter of the 21st inst., 
referring to me certain papers submitted to you by L. C. Baker, Provost Mar- 
shal of the War Department, in the case of Captain T. E. Hall, A. Q. M. Vols.. 
now in charge of the Quartermaster's Depot at Aquia. 

Before the receipt of your package, I had caused an investigation to be 



158 

made into the matters complained of, and had accumulated similar evidence 
to that furnished by Baker, and considerable additional statements. 

I had referred the whole to General Patrick, the Provost Marshal General, 
for his opinion, whether or not, from evidence in his possession, Captain Hall 
should be brought before a court martial. 

I shall ask that the subject be tried by a proper tribunal, and will inform 
you of the result. 

Captain Hall has been extremely energetic and efficient at Aquia, and has 
doubtless offended many persons by being obliged to deny their applications. 
I have made very frequent inspections of the depot, and have taken the state- 
ments of officers on duty there in other departments, and am not prepared to 
charge Captain Hall with crime. It is well, perhaps, to suspend opinions 
until the whole case has been tried by a competent court. 

I am, general, respectfully, your obedient servant, 
(Signed) RUFUS INGALLS, 

Chief Q, M. Army of the. Potomac. 



Colonel Ingdlls to Captain Hall. 

Heahquarters Army of the Potomac, Office of Ch'f Q. M., 

Camp near Falmouth, Va., February 2Gth, 1863. 
Captain: Enclosed you will find copies of two letters, one to General Pat- 
rick, Provost Marshal General, the other to General M. C. Meigs, Quarter- 
master General. 

You will perceive by reading these letters, that charges have been made 
against you, charging you with being in partnership with your brother and 
others in the sutlership at Aquia; and also of receiving bribes from sutlers 
for carrying them in Government steamers from Liverpool Point to Aquia. 

Colonel L. C. Baker, Provost Marshal of the War Department, has laid these 
charges before the Secretary of War, and General Meigs, Quartermaster Gen- 
eral: and I send you copies of my letters, as above stated. 

I am, very respectfully, your ob't. serv't., 
(Signed) RUFUS INGALLS, 

Chief Quartermaster. 
Captain T. E. Hall, A. Q. M., Aquia Creek. 



Colonel Baker to Lieutenant Colonel Thompson. 

Office Provost Marshal War Department, 

Washington, March 8th, 1863. 
Lieutenant Colonel Thompson, Headquarters Army of the Potomac: 

Sir : I have the honor to submit the following statement of facts, which 
will assist you in the investigations now being made in the case of Captain 
T. E. Hall, A. Q. M., at Aquia Creek. 

A Mr, Farley, a sutler from General Birney's Headquarters, will swear that 



159 

he lost goods on the dock at Aquia Creek, and afterwards found them in the 
sutler's store of Messrs. Hall & Pond. 

Hall & Pond fearing an exposure, purchased the goods from Farley, paying 
him ( Farley) his own price for the goods. 

A. GL Ives, in the employ of W. W. Wright, railroad superintendent at 
Aquia Creek, will swear that he was clerk for Captain Hall, and while so 
acting, large quantities of goods arrived on Government transports, marked 
"Captain T. E. Hall, A. Q. M., Aquia Creek," was taken to Hall & Pond"h 
sutler store, and there sold. 

On Monday, the 23d of January last, the Government transport "Carrie 
Martin" carried from this city to Aquia Creek, and landed on the dock, about 
three thousand dollars' worth of sutlers' goods, marked "Captain T. E. Hall, 
A. Q. M., Aquia Creek." These goods were put into the sutler's store of 
Hall & Pond, and are now being sold. 

About the middle of February, the schooner " Marblehead," cleared from 
Baltimore or Philadelphia for Washington, stopped at Aquia Creek, discharged 
her goods on the Government dock ; this cargo belonged to Messrs. Hall & 
Pond. 

A Mr. Brown, a carpenter, now at Aquia Creek, will swear that he built the 
store house occupied by Hall & Pond, and that said building was built of 
Government lumber and nails, and that two carpenters in Government employ, 
and paid by Government, worked on said building, by Captain Hall's direction. 

The captain and pilot of the steamboat " Tallacca," now at Aquia Creek, 
will give very important information concerning the ferrying across sutlers, 
and that Captain Hall knew of the whole transaction. 

One of the telegraph operators at Aquia Creek, will swear as to Hall's in- 
terference with a telegraph dispatch sent by Wm. Spear, one of my officers 
to J. J. Camp, at Falmouth, also a dispatch sent by J. J. Camp, addressed to 
me at Washington. This occurred on the 19th or 20th of January. 

I have some points which, I think, would be important to you, touching 
Captain Hall's case, but for want of direct proof, or a knowledge of where it 
can be obtained, I cannot furnish it. 

Mr. Bishop, anold employee of Captain Hall, is lying sick at the Metro- 
politan Hotel in this city; if he is able to move, I will send him down on 
Tuesday morning. He is full of facts concerning the management of affairs at 
the creek. 

I am, Colonel, your obedient servant, 
(Signed) L.C.BAKER, 

Pro. Mar. War Department. 



Dr. White to General Patrick. 

Station, Aquia Creek, Va., 

February 25th, 1863. 
General Patrick : When you honored me with an assignment to the medical 
charge of this post, I proceeded without delay to the performance of my duty, 
When I arrived here I could scarcely discern the ruling power, whether 



160 

Bacchus or Shylock. I concluded for the hour to throw myself upon the 
popular current, and see which way it would drift me. Consequently I was 
greeted as a hale, well-met, jolly fellow. I was feasted, feted, and cham- 
paigned for a time; invited to "come around any time, especially any dark, 
dismal night, and drink, dance, and get drunk, and it would be all proper, as 
no business was doing then;" the latter I certainly declined. Captain of the 
Quartermaster's Department requested me to write him a communication con- 
cerning certain sutlers' and bakers' establishments. I prepared the most 
terrible and destructive missile I could think of, and hurled it with all my 
powers into all pie, fruit, cake, beer, whiskey, and rum sellers generally, 
who hang around this post, to prey like vultures upon the soldiers and the 
citizens, and sent it into him. I have not been answered, except that I have 
since been played shy with and avoided, and all connected with the business 
looking awry at me. . I now concluded that Bacchus and Shylock were in 
partnership, and this was the field in which an Esculapean sickle was needed. 
God forbid I should injure a hair of an innocent head, or make sweeping 
charges against men unjustly. Fallible and weak as I am, no mercenary 
motive can find a lodgment in my breast. I trust I am right in believing that 
I am with this army on a mission of mercy and blessing, and that I am 
actuated by an earnest and fervid regard for the health and welfare of those 
who fall under my care, for the honor of the devoted and zealous profession 
which I have the honor to represent, and the glorious titles of the Grand 
Army of the Potomac now in battle array to crush battalioned despotism. 

In my last interview with you, a desire was expressed that I should have 
an eye upon matters outside of my profession. 1 have always performed that 
duty for my own benefit, but have been reticent respecting such subjects. 
But being requested to do so now, 1 can conscientiously perform my duty — 
to reveal my observations merely to one who well l^nows how to use them. 
On page three you will find an account of a small adventure in order to ascer- 
tain who was concerned in the whiskey trade. Knowing that so much 
drunkenness and disorder could not prevail in a place like this without the 
knowledge or connivance of some one high in authority, I determined to take 
the points. 

On or about the 10th instant, a new sutler's establishment was opened by 
the Quartermaster's brother. I entered early in the morning and inquired 
patronizingly, if I could procure some good liquors for hospital purposes. I 
was informed I could get all I desired, and a man was soon produced eager 
to sell fifteen barrels of pure home-made grape wine, of course. I remarked I 
had no place to store it. Mr. Hall remarked he would store it, and deal it 
out upon my order and pay his friend for the liquors. I desired to know 
where the liquors were; the reply was they were on board a schooner a short 
distance from the wharf. On those terms I agreed he might bring two barrels 
on shore for me to examine. I watched his tricks to deceive me, closely. It 
was brought ashore and examined. Several specimens in small bottles were 
handed to me, but nothing satisfied me but tapping the barrel, which was re- 
luctantly done. A more villanous compound was never manufactured for man 
to drink. But I intimated i\ world do, and I left the beat intending to watch 



1G1 

Hall closely. Two hours, perhaps, elapsed about, and the owner of the 
liquor came with a message from Captain Hall, stating that the liquors might 
be stored, but he would prefer I should pay for them and not his brother ; 
and if I had not the money he could lend it to me. This disturbed my amia- 
bility so far that I poured in such a volley of rebuke upon him, Captain Hall, 
and all swindlers, speculators, plunderers of the Government that frightened 
the man so, that before I finished it, he jumped up with the agility of a rabbit 
and made for parts unknown to me. I have not seen him since. From this 
statement you*will draw your own inferences. 

I have reason to believe that another improper practice has prevailed here ; 
and that is, officers and employees of the Government introducing, and board- 
ing women of ill-repute, to citizens as their wives. Please read communica- 
tion number 2, dated February 26th, 1803. 

I am, very respectfully, your obedient servant, 
(Signed) W. H. WHITE, 

Surgeon, U. S. V. 



First affidavit of Charles Cheney, not put in as evidenee. 

Charles Cheney, of Prince street, Alexandria, having been duly sworn, 
doth depose and say, that on or about the 22d of November, 1862, at Aquia, 
Va., he made a contract with Captain T. E. Hall, Assistant Quartermaster, 
who was in charge of the depot at that place, by which contract the said 
Cheney was engaged to keep an eating house for the employees of the Quar- 
termaster's Department at that place, with the understanding that he was to 
receive the " savings on the rations" of those employees, and also one dollar 
and twenty-five cents for each employee per week. He was also promised 
transportation on the Government steamers for his supplies by Capt. Hall, 
and was also allowed to furnish meals, for money, to strangers or others at 
Aquia. 

The cooks were to be paid by Government, and he was to have the use of 
a public building. 

After making the arrangement, Capt. Hall endeavored to rescind it, and in 
about twenty days, through Capt. Hall's effoi-ts, the affair had to be aban- 
doned by the deponent. The eating house is now kept by a man named 
Beebee, and deponent has reason to believe that Capt. Hall is interested with 
said Beebee in the profits derived therefrom. Besides this, a sutler's store is 
at Aquia, under Capt. Hall's brother-in-law, kept in a public building and 
getting public transportation for its supplies. The deponent further states 
that he has heard that Capt. Hall has been interested in the hiring of Gov- 
ernment steamers to transport sutler's stores, but the deponent has no per- 
sonal knowledge of this. The deponent has paid to Capt. Hall's harbor- 
master, Mr. Craig, the sum of twenty-five dollars for towing his (the depo- 
nent's) schooner, with a Government tug which was under Capt. Hall's 
charge. 

(Signed) CHARLES CHENEY. 

11 



162 



Sworn and subscribed before me, at the Headquarters Army of Potomac, 
February 27th, 1863. 

(Signed) ANDREW THOMPSON, Lt. Col., A. D. C. 

District of Columbia, 

Washington City, ss : 

Personally appeared before me, a justice of the peace, in and for the city 
and county of Washington, Samuel McElhaney, who being duly sworn, ac- 
cording to law, deposes and says : That he is the sutler of the 6th Regular 
Cavalry. On the 25th day of December last, I left this city with two wagons 
loaded with sutler's goods for Falmouth ; failing to obtain transportation for 
my goods by the river, I went down on the Maryland side to Liverpool Point ; 
on my arrival there I applied to Capt. Hall, Quartermaster at Aquia creek, 
who at once granted me a pass for my teams and goods to cross the river at 
that point on the steamer "Eagle," a Government transport. I proceeded to 
my regiment, disposed of my goods on the 6th inst., and again applied to 
Capt. Hall for transportation for myself, one wagon, six mules and three 
horses. 

This transportation was furnished me by Capt. Hall on board the Govern- 
ment transport from Aquia creek to Washington. On the day that I crossed 
the river from Liverpool Point to Aquia creek, on board the Government 
steamer "Eagle," there were four other sutlers, with their teams and goods, 
at the same time. 

(Signed) SAMUEL McELTHANEY. 

Subscribed and sworn to, this 7th day of January, 1863. Before me, 

(Signed) A. G. LAWRENCE, Justice of the Peace. 



Statement of J. W. Evans, not put in as evidence. 

J. W. Evans, of No. 12, William street, Philadelphia, having been duly 
sworn, doth depose and say, that he has for thirteen months been employed 
in the Quartermaster's Department of the U. S. Army, as clerk and agent, 
and that during the months of December and January he was employed under 
Capt. Hall, Assistant Quartermaster at Aquia creek, as forage clerk, &c. ; that 
on the night of (about the) 4th January the Government steamer " Tallaca," 

which had been placed under his orders, was taken away from him by 

Craig, harbor-master under Capt. Hall, at Aquia, in the name of Capt. Hall ; 
and that Craig issued an order in Capt. Hall's name for the taking of this 
steamer; that the said steamer was employed on that night, and on several 
subsequent nights, in conveying from Point Liverpool to Aquia sutler's stores 
and wagons ; that this service was paid for by the sutlers ; that he (the de- 
ponent) has seen the sutlers pay money therefor to Mr. Craig, harbor-master, 
but he does not know the amount paid, nor the names of the sutlers ; that 
Mr. Craig and Mr. Carter, clerk, also, Mr. Sager, master of transportation, 
had both assured the deponent that this was done by order of Capt. Hall, and 
that Capt. Hall was interested in such business and shared in the money 



163 

thus received ; had deponent not believed that Capt. Hall was so engaged, he 
would have exposed the matter to Capt. Hall. At the time that these trips 
were made to Point Liverpool, guards were put on the wharf by Mr. Bishop 
(a general agent of Capt. Hall's) to keep all persons off, and the clerks of the 
Quartermaster's Department were also kept away ; this was an unusual oc- 
currence, but the deponent does not think from it that Mr. Bishop was inter- 
ested in the money thus received from hiring Government transports. 

The deponent further states, that in December and January, large boxes 
were constantly brought on board the Government transport steamers, marked 
to "Capt. T. E. Hall, Assistant Quartermaster, Aquia," and were transported 
from Washington to that place by said Government conveyances, sometimes 
eight or ten large boxes in a day ; he cannot particularize the dates, but it 
was an almost every-day occurrence, and said boxes were intended for, and 
delivered to Capt. Hall's brother, a sutler at Aquia, and did not contain Quar- 
termaster's, but sutler's stores. 

The deponent further states, that he believes Capt. Hall and his brother to 
be in partnership, because barrels of apples or other stores, intended for sutler 
Hall, were allowed to be on the wharf at Aquia, but, if belonging to any 
other persons, they were at once seized and confiscated. 

The deponent states, that it was scarcely possible for Capt. Hall to have 
been ignorant of the trips made to Liverpool Point by the steamers as above 
stated, as the sutler's wagons were landed on the wharf, near his office, at 
night, and as Capt. Hall was in the habit of moving about the dock after dark, 
and kept himself well informed of anything entering or leaving the harbor. 
Deponent further states, that Capt. Hall, on the 16th of February, 1863, (day 
before yesterday,) sent for him from the prisonship, and told him in his (Capt. 
Hall's) office, that he (Capt. Hall) had acted "by orders" in bringing over 
sutler's wagons and stores from Liverpool Point to Aquia, in the steamer 
"Eagle," but Capt. Hall did not state by whose orders he acted. 

The deponent further states, that up to the 19th of January, 1863, these 
transactions with Government steamers had been steadily carried on. At 
that date Mr. Craig was arrested by Government detectives and sent to Wash- 
ington. The deponent was also arrested at the same time, whilst at Wind- 
mill Point, without any charges preferred against him. He understood, from 
a Government detective, that he was to be detained as a witness only, but he 
has been in confinement on the fleet-ship at Aquia since his arrest, and knows 
nothing of any subsequent occurrences at the depot of Capt. Hall. 

(Signed) JAMES H. EVANS. 

Sworn before me, at Headquarters Army of Potomac, February 18th, 1863. 
(Signed) ANDREW THOMPSON, Lt. Col. A. D. G. 



164 



EXHIBITS. 

Exhibit 1. 

4 Kerosene Lamps, 
1 Curtain Fixtures, 
1 Peg Cutter, 
3 Stoves and Pipes, 
1 Coal Hod, 1 Shovel, 

1 Dozen Plates, 1 Dozen Cups and Saucers, 

1 Caster, 

1 Coffee Pot, 1 Tea Pot, 

1 Dozen Spoons, 

1 Dozen Knives and Forks, 

1 Dozen Candlesticks, 

1 Sugar Bowl, 

5 Boxes Boots, 

2 Barrels. 

Captain Robinson : Please send me the articles in the above list. Direct 
them to W. Pond, and put them on the bill of lading. 

(Signed) T. E. HALL, 

Captain § A. Q. M. 
February 6, 18G3. 



11 Boxes, 

1 Keg, 

2 Barrels, 

1 Bale containing 
sticks, marked W. F. 
Pond. 

1 Boiler. 



Exhibit 2. 

Headquarters Sixth U. S. Cavalry, 

December 29th, 1862. 
Captain Pitkin, A. Q. 31., U. S. Army, Belle Plain Landing: 

Captain : Messrs. McElkaney & Co. are duly authorized and appointed 
sutlers of the 6th U. S. Cavalry ; and by furnishing the firm with transporta- 
tion across the river, you greatly oblige the regiment and myself. 
Very respectfully, your most obedient servant, 
(Signed) G. L. CRAM, 

Capt. 6th U. S. Cavalry, Coni'g. 

ENDORSED. 

Quartermaster's Office, 6th U. S. Cavalry, 

December 30th, 1862. 
Captain P. P. Pitkin, A. Q. 31., U. S. A.: 

Sir: I respectfully request that you will afford the within named sutlers 
of the 6th Cavalry means of crossing the Potomac at Belle Plain, as they 
have many things that the officers of the regiment have sent for by them. 
Very respectfully, your ob't serv't, 
(Signed) J. W. SPANGLER, 

1st Lt. 6th Cavalry, R. Q. 31. 



165 



Office Assistant Quartermaster, 

Belle Plain, Va., Dec. 30th, 18G2. 
Respectfully referred to Captain T. E. Hall, A. Q. M. 
I have no boats running to or from Liverpool Point. 
Respectfully, 
(Signed) P. P. PITKIN, 

Capt. £ A. Q. 31. 



Exhibit 3. 

Assistant Quartermaster's Office, 

Aquia Creek, Va., December 30, 1862. 
Captain : Will allow L. McElhaney to cross over from Liverpool Point to 
Aquia, with two wagons and teams? 
For T. E. Hall, A. Q. M., 

(Signed) J. G. JOHNSON, 

A. Q. 31., Assistant. 



Exhibit 4. 

Mr. A. C. Hawkins, with four wagons and thirteen horses, has permission 
to pass from Liverpool Point to Aquia Creek, on Government boat, after the 
public teams shall have passed over. 

(Signed) T. E. HALL, 

Capt. <j- A. Q. 31. 

Exhibit 5. 
United States Military Telegraph. 

From Aquia, Gth. 
To Captain Robinson, Gth street wharf: 

I gave to-day permission to a sutler to take on board the steamer "Eagle," 
bound for Washington, a wagon and two horses. I have just learned that he 
took in addition (8) eight mules. Please stop the whole thing and have them 
under guard, unless he can show a good excuse for it. I think the property 
is stolen. 

(Signed) Captain T. E. HALL, 

A. Q. M. 



Exhibit 6. 

Mr. Craig: The tug " Uncle Sam" has been ordered to report to you. As 
soon as he does, you will have towed the barges for Dr. Millan to Windmill 
Point. 

By order of Captain Hall. 

(Signed) M. HOLLAND, 

Clerk. 



166 



Exhibit 7. 

The bearer, Fred. A. Luckenback, is authorized to bring to Aquia creek, 
daily, on the mail-boat, thence to Stoneman's station by railroad," ten cans or 
firkins of oysters, the quantity not to exceed one hundred and fifty gallons. 
The price for the oysters to be left to other departments to determine. 

Capt. Pierce, Lt. Walmsley, or Capt. Blood, either of whom the bearer may 
call on, is authorized to let him have the use of a second-hand hospital tent. 
(Signed) RUFUS INGALLS, 

Chief Quartermaster Army of Potomac. 



Exhibit 8. 

Captain : Mr. Beebee has made arrangements to furnish my mess-house with 
crockery, &c. Please give him transportation for such articles as he may 
desire. 

Sutler's stores excluded. 

(Signed) T. E. HALL, 

Capt. £ A. Q. M. 
Capt. J. M. Robinson, 
A. Q. M. 6th st. wharf. 



Exhibit 9. 

Dear Captain : The bearer, Mr. Pond, has permission from Gen. Patrick to 
put up a building for purposes specified. If you can give him transporta- 
tion for some lumber without detriment to the public service, please do so. 
With kind regards, I am yours, truly, 

(Signed) T. E. HALL, 

Capt. $ A. Q. M. 
Capt. J. M. Robinson, A. Q. M. 



Exhibit 10. 

Washington, February 6th, 1863. 
Captain Robinson, A. Q. M. : 

Please forward the accompanying goods immediately, (5 packages,) and 
oblige, 

Your obedient servant, 
(Signed) WM. H. BEEBEE, 

perW. L. BEEBEE. 
Mark " Wm. H. Beebee, Government Mess House, Aquia Creek, care Captain 
Hall." 



Km 



Exhibit 11. 

Assistant Quartermaster's Office, 

Aquia Creek, Va., January 20th, 1863. 
To the Captain of the steamer " Eagle :" 

Sir : Yon may bring from Liverpool Point, for Mr. Beandy, two wagons, 
eight horses. 

Respectfully, 
(Signed) T. E. HALL, 

Capt. $ A. Q. 31. 



Exhibit 12. 

Assistant Quartermaster's Office, 

Aquia Creek, Va., March 14th, 1863. 
To the Captain of the "Eagle:" 

Sir : You will at once proceed to Liverpool Point, and bring from there 
one wagon, four horses and harnesses, property of Mr. H. H. Jameson, and 
no other property or persons, and upon your return report to me at this 
office. 

Respectfully, 
(Signed) J. G. JOHNSON, 

Capt. $ A. Q. M. 
(By order of Major Painter, on authority of Provost Marshal.) 



Exhibit 13. 

Assistant Quartermaster's Office, 

Aquia Creek, Va., March Kith, 1863. 
To the Captain of the "Eagle:" 

Sir: You will at once proceed to Liverpool Point, and taking on board four 
horses, one empty wagon, and one driver, and nothing besides, you will re- 
turn to this place, and upon your arrival report to 
Respectfully, 
(Signed) J. G. JOHNSON, 

Capt. cj- A. Q. M. 



Exhibit 14. 

Assistant Quartermaster's Office, 

Aquia Creek, Va., March 13th, 1863. 
Captain of the "Eagle:" 

Will proceed to Liverpool Point, and bring over the team and driver of 
Mr. Anderson (team of two horses) to this wharf, in pursuance of an order 
of General Patrick and Colonel R. Ingalls. No other passengers allowed. 
(Signed) J. G. JOHNSON, 

Capt. $ A. Q. M. 



168 



Exhibit 15. 

Assistant Quartermaster's Office, 

Aquia Creek, Va., March 16th, 1863. 
To the Captain of the "Eagle:" 

Sir : You will at once proceed to Liverpool Point, and bring from there 
twelve horses, three wagons, and feed for the horses, upon requisition of 
Provost Marshal, and upon your arrival report to 
Respectfully, 
(Signed) J. G. JOHNSON, 

Capt. $ A. Q. M. 



Exhibit 16. 

Assistant Quartermaster's Office, 

Aquia Creek, Va., February 2d, 1863. 
To the Captain of the steamer "Eagle :" 

Sir: You will at once proceed to Liverpool Point and bring back the team 
of Mr. Walker, and upon your arrival report to me. 
Respectfully, 
(Signed) T. E. HALL, 

Capt. $ A. Q. M. 



Exhibit 17. 

Assistant Quartermaster's Office, 

Aquia Creek, Va., February 2d, 1863. 
To the Captain of the steamer "Eagle:" 

Sir : You will at once proceed to Liverpool Point and bring over two 
wagons, four mules, five horses to this point, and upon your arrival report 
to me. 

Respectfully, 
(Signed) T. E. HALL, 

Capt. $ A. Q. M. 



Exhibit 21. 

Office of Assistant Quartermaster, 

Aquia Creek, Va.. December, 20th, 1862. 
Captain: I have the honor to introduce to you Major Cheney, who is the 
keeper of my Government boarding house. I desire that he should have any 
facilities not inconsistent with the public service, in getting supplies here for 
the table. Any assistance you can render him will be considered as a per- 
sonal favor by — 

Very respectfully, your ob't serv't, 
(Signed) T. E. HALL, 

Capt. cj- A. Q. M. 
Captain C. B. Ferguson, A. Q. M., Alexandria, Va. 



1 69 



ENDORSED. 

Mr. Cheney has permission to land his stores on this point, not to interfere 
with the Government service. 

(Signed) JAMES W. FORSYTH, 

Copt. § Provost Marshal. 
1'kovost Marshal's Office, Aquia Creek, Dec. 26th, 1862. 



Exhibit 23. 

To Brigadier General Patrick, Pro. Mar. General, A of P.: 

General: I respectfully ask permission to erect suitable buildings at Aquia 
Creek, for the purpose of supplying the post with such articles as they stand 
in need. Also permission to bring from Washington or Baltimore at my own 
expense, and land at this point, such articles not contraband as may be re- 
quired ; subject at all times to the supervision of the officers at this post. 
I have the honor to be, very respectfully, your ob't serv't, 
(Signed) WILLIAM F. POND. 

Office Provost Marshal General, 9th December, 1862. 
The above request is hereby granted. 

(Signed) M. R. PATRICK, 

Pro. Mar. General. 

ENDORSED : 

Approved. 

(Signed) WM.' ROGERS, 

Col. Com\j Post. 

Until I can cause an inspection to be made of the stores, shops, &c, at 
Aquia Creek, this permit is continued. 

(Signed) M. R. PATRICK. 

Februanj 15th, 1863. 

Office of Assistant Quartermaster, 

Aquia Creek, January 1th, 18G3. 
I cordially approve of the within request, and hope that it may be granted. 
(Signed) T. E. HALL, 

Capt. t j- A. Q. M. 

Provost Marshal's Office, Jan. 1th, 1863. 
Approved. 

(Signed) J. J. VAN HORN, 

Capt. $ Pro. Marshal. 

Office Commissary of Subsistence, 
Aquia Creek, January 1th } 1863. 
Approved. 

(Signed) , A. P. PORTER, 

Lt. Col. C. S., U. S. A. 



170 



Exhibit 24. 

Provost Marshal General's Office, 

Army of the Potomac, March 13th, 18G3. 
The bearer, Alex. Toner, has permission to pass two teams and wagons 
from Maryland Point across the river to Aquia Creek. 
This pass will expire March 25. 

By command of Brigadier General M. R. Patrick, Pro. Mar. General. 
(Signed) W. M. BECKWITH, 

Capt. $ A. D. C. 



Exhibit 25. 

Headquarters Army of the Potomac, 

Office of the Provost Marshal General, 

March 1th, 1863. 
Permission is given to Alex. Toner, to bring his teams, consisting of four 
horses and wagon with feed, from Maryland Point to Aquia Creek on board 
boat. The guards will pass the same. Good for 10 days. 
By command of General Patrick, Pro. Mar. General. 

(Signed) W. M. BECKWITH, 

Capt. <j A. 1). C. 



Exhibit 26. 

Provost Marshal's Office, 

Aquia Creek, March 14th, 1863. 
The Quartermaster will please furnish transportation from Maryland Point 
to Aquia Landing, for twelve (12) horses, three (3) wagons, and feed 
for same. 

(Signed) E. H. MARTINDALE, 

Lt. <y Assist. Pro. Mar. General. 



Exhibit 27. 

Trovost Marshal General's Office, 

Army of the Potomac, March Vlth, 1863. 
The bearer, James Anderson, has permission to bring his team with driver 
from Liverpool Point to Aquia Creek. This pass will expire March 14th, 1863. 
By command of Brig. Gen. M. R. Patrick, Pro. Mar. General. 

(Signed) W. M. BECKWITH, 

Capt. $ A. D. C. 

ENDORSED \ 

Chief Quartermaster's Office, March \2th, 1863. 
The bearer, James Anderson, has permission to have one wagon, two horses, 



171 



and a driver, brought over from Liverpool Point to Aquia on Government 
boat. By order of — 

11UFUS INGALLS, Chief Q. 31., A. P. 
Col. Ingalls : Please bring Anderson's team over if it can be done without 
prejudice to the public service. 

(Signed) DANIEL BUTTERFJELD, Maj. Gen., Chief of Staff. 



Exhibit 28. 

Headquarters "21st New Jersey Vols., 

March 14th, 18G3. 
Gapt. Bf.ckwitii, A. 1>. C. and Fro. Mar. General: 

Sir : I would respectfully solicit transportation from Liverpool Point to 
Aquia ('reek by Government boat for four horses and one wagon, all of which 
belong to me, and are necessary for the proper conducting of my business as 
sutler of the regiment, and the only way by which I can get them across the 
river. 

Very respectfully, 
(Signed) H. D. HEATH, 

Sutler 2 list Reg't N. J. Vols. 
endorsed: 
The steamer Eagle sent to Liverpool Point to bring the property and person 
described in the approval, and nothing more, upon the authority. 
By order of Major Painter, Aquia Creek, March lGth, 18G3. 

(Signed) J. G. JOHNSON, Captain and A. Q. 31. 

Headquarters 21st N. J. V., March 14th, 1863. 
Approved and respectfully forwarded. 

G. VAN HOUTEN, Colonel. 
Headquarters 3d Brigade, 2d Division, 6th CoRrs, 

March 14th, 1863. 
Approved and respectfully forwarded. 

D. D. B1DWELL, Col., Corny Ml Brigade. 

Headquarters Provost Marshal General, 

March 14th, 1863. 
Permission to bring the team, wagon, and driver across the river given. 
By command of Gen. Patrick, Provost Marshal General. 

(Signed) W. M. BECKWITH, 

Capt. $ A. D. C. 



Exhibit 29. 

United States Military Telegraph, 
Received February 20th, 1863, from Headquarters, A. P. 
To Captain Johnson : 

I do not desire that parties shall telegraph me for permission to bring up 
freight, unless the case is one of importance. 



172 



Please settle the matters yourself, or telegraph me yourself on the subject. 
Say so to the operators. 

(Signed) RUFUS INGALLS, 

( 'hief Quartermaster. 



Exhibit 30. 

United States Military Telegraph, 
Received-January 8, 4/;. m., 1863, from Washington. 
To Captain T. E. Hall: 

Captain Robinson handed me your dispatch of yesterday, in reference to 
sutler on board steamer "Eagle." I seized one wagon, three horses, and six 
mules. The sutler, McElhaney, has explained to me how he came in posses- 
sion of the extra mules. They are owned in this city. What shall I do with 
the property. 

(Signed) L. C. BAKER, 

Pro. Mar. War Department. 



Exhibit 31. 

United States Military Telegraph, 
Received March 14, 1863, from War Department, Washington. 

Following is copy. 

THOS. T. ECKERT, 

Major § Superintendent. 
" Aquia Creek, January 9th, 1863. 
To L. C. Baker, Provost Marshal: 

The sutler had no authority from me to take the mules on board. If you 
are satisfied the matter is all right, perhaps you had better release them. 

T. E. HALL, 

Cap I. $ A. Q. M." 



m ^2l8h w 



^ 






* t 






A 



*' 









^%* 






,^ 



\° °,. 












,$%. 



^% 






.% 









X : 






-.-■ 
■ 

o 
V - 






v*> ^ 









\ >> ■? ^ 



^. 



*\* 






■% 
* 



AC 






-". ' 















^ ^ 






oq. 






V 



\ x 



^ 



' '■ 






"W 



/ - 

v 



*0 0^ 



J ■ v 






^-. 









<->, '• 












c^ -C 






..^ ^ 






0*' 






<*> 



*° c 





<*> 

> 

■ V s 




.A 










<5 <£, 



0^ 







s 



